The Oregon Expungement Law Guide: Clearing Your Record
Updated: Aug 19
Key Takeaways
Oregon allows many criminal records to be sealed. This process is commonly called expungement in Oregon. In the law, the term “expungement” is not used. The legal process is one in which a record of arrest and/or conviction is “sealed” or “set aside.”
Not every conviction qualifies. Eligibility depends on the type of offense, the amount of time that has passed, and whether all sentencing requirements have been completed.
Many misdemeanors and certain felonies can be sealed. However, some serious offenses remain permanently ineligible.
You can file for expungement in Oregon yourself. Many people successfully complete the process without an attorney. That said, if something is not done correctly, it could delay the expungement process or result in the court denying it altogether. Common mistakes include:
The legal pleadings are not filled out correctly
You fail to serve a copy of the legal pleadings on the District Attorney’s Office, or
You don’t provide a fingerprint card to the Oregon State Police with the correctly formatted fingerprint card,
A sealed record provides significant benefits. After a successful expungement in Oregon, the expunged case is no longer publicly available information and will not appear in a background check, making it easier to obtain employment, housing, and educational opportunities.
Introduction
Having a criminal record can create obstacles long after a case has ended. Job applications, housing opportunities, professional licensing, and even volunteer positions may become more difficult to obtain. Fortunately, Oregon law provides a way for many individuals to move forward by sealing eligible criminal records.
As explained above, although people often refer to the process as expungement in Oregon, the state’s legal system generally uses the term record sealing or record set aside. Regardless of the terminology, the goal is the same: limiting public access to qualifying criminal records so individuals have a better opportunity to rebuild their lives.
This guide explains everything you need to know about expungement in Oregon, including eligibility requirements, qualifying offenses, filing procedures, costs, timelines, and frequently asked questions.
What Is Expungement in Oregon?
Expungement in Oregon refers to the legal process of sealing certain criminal records from public access. Once a record has been sealed, it generally no longer appears in standard background checks conducted by employers, landlords, or members of the public.
The record is not physically destroyed. Instead, access becomes highly restricted. The record can only be unsealed by court order under specific, very limited circumstances.
A successful expungement in Oregon can help reduce the long-term consequences of an arrest or criminal conviction and improve future employment and housing opportunities.
What Can You Get Expunged From Your Record in Oregon?
Oregon law allows several different types of records to be sealed, depending on the circumstances.
Potentially eligible records include:
Arrests that did not result in conviction
Charges that were dismissed (other than DUII cases that were dismissed upon successful completion of the DUII diversion program)
Cases resulting in acquittal
Non-traffic violation level offenses
Many misdemeanor convictions
Certain felony convictions
Some juvenile records
Some marijuana-related offenses that qualify under Oregon law
Each case is unique. Eligibility depends on factors including the offense, waiting period, criminal history, and whether all sentencing obligations have been completed.
Felony Expungement in Oregon
Many people assume felonies can never be removed from a criminal record. That is not true. Many felony convictions qualify for expungement in Oregon.
Generally, eligibility depends on:
The specific felony conviction (most Class B and C felonies)
The amount of time since completion of the sentence
Whether restitution and financial obligations have been satisfied
Whether additional criminal convictions have occurred during the waiting period
However, not every felony can be sealed. Certain serious crimes, including many violent offenses, most sex crimes, and other specifically excluded offenses, are generally not eligible for record sealing.
If you have multiple felony convictions, eligibility can become more complicated, making it worthwhile to review your specific criminal history before filing.
Which Misdemeanors Can Be Expunged?
Many misdemeanor convictions qualify for expungement in Oregon. Examples include:
Disorderly conduct
Criminal trespass
Criminal mischief
Various other Class A, B, and C misdemeanors
Not every misdemeanor is eligible. Certain sex offenses and ALL traffic crimes are specifically excluded by statute and do not qualify.
The applicable waiting period varies depending on the offense and the outcome of the case.
Can You Expunge Your Record Yourself in Oregon?
Yes. Individuals are certainly permitted to file for expungement in Oregon without hiring an attorney. Many people successfully complete the process on their own by:
Obtaining copies of their criminal records
Determining eligibility
Completing the required court forms
Paying filing fees
Completing fingerprint requirements when applicable
Filing documents with the proper court
However, legal representation may be helpful if:
You have multiple convictions
Your eligibility is unclear
The prosecutor objects
Your criminal history spans multiple counties
You are unsure whether waiting periods have expired
You simply want to have the peace of mind that comes from knowing the process is done correctly
While hiring an attorney is optional, professional guidance can reduce mistakes that may delay the process.
The Oregon Expungement Process
Although every case is different, the process for expungement in Oregon generally follows the same basic steps.
Step 1: Review Your Criminal Record
Obtain copies of your Oregon criminal history and court records. Verify case numbers, charges, conviction dates, sentence completion dates, and eligibility.
Step 2: Confirm Eligibility
Determine whether:
The offense qualifies
The waiting period has expired
All probation or supervision has ended
Restitution has been paid
No legal disqualifications apply
Step 3: Complete the Petition
Prepare the required court forms requesting record sealing. Accuracy is important. Incorrect information can delay processing.
Step 4: Obtain Fingerprint Card and Mail it to the Oregon State Police
All expungement petitions require a fingerprint card completed by law enforcement or another authorized agency. You MUST use FBI Form FD-258. It is a standard, blue-tinted applicant fingerprint card used for non-criminal purposes like employment background checks, professional licensing, immigration applications, and ATF/NFA tax stamp submissions. Mail it to the Oregon State Police (OSP) with a completed OSP Set Aside Request Form. For convictions, include a check made out to OSP in the amount of $33.00. (Not required for a motion to set aside an arrest only)
Step 5: File With the Court
Submit all required paperwork to the appropriate Oregon circuit court. Include the motion and supporting documents.
Step 6: Serve Paperwork on the Prosecuting Attorney
Serve a copy of the motion and supporting documents on the prosecuting attorney.. They have an opportunity to review the request and determine whether they object.
Step 7: Court Review
Some cases are decided based solely on the paperwork. Others may require a hearing if an objection is filed or if the court needs additional information.
Step 8: Order Granting Expungement
If the court grants the petition, it issues an order directing all law enforcement agencies to seal the qualifying records. The records are then unavailable to the general public.
How Much Does It Cost to Expunge Your Record in Oregon?
The cost of expungement in Oregon varies. Potential expenses include:
Fingerprinting fees
For convictions, a $33.00 OSP background check fee. (Not required for a motion to set aside an arrest only)
Attorney fees (if you hire counsel)
Benefits of Expungement in Oregon
Successfully sealing your record can provide numerous advantages. Benefits may include:
Better employment opportunities
Improved housing options
Easier professional licensing
Increased educational opportunities
Greater privacy
Reduced stigma from past criminal cases
Restoring Gun Rights
Although government agencies may still access sealed records in limited situations, the general public cannot.
Important Considerations
Before beginning the process, remember:
Not every record qualifies
Waiting periods differ by offense
New criminal convictions may delay eligibility
Multiple convictions may delay eligibility
Multiple convictions can complicate the process
Oregon law changes periodically, so current eligibility rules should always be verified.
The Oregon Expungement Law Conclusion
Expungement in Oregon offers many individuals an opportunity to reduce the long-term impact of a criminal record. It can make a meaningful difference by limiting public access to eligible records and improving access to employment, housing, education, and other opportunities.
At Trotter Law, we understand how a criminal record can affect your opportunities and are committed to helping you determine whether you qualify to have your records sealed. Every situation is unique, and getting accurate legal guidance can make all the difference. Contact us today to discuss your options, get answers to your questions, and take the first step toward putting your past behind you with confidence. If you need an expungement lawyer in Oregon, we can help. We're located in Hillsboro and we serve the entire Portland area, including Tigard and Lake Oswego.
Frequently Asked Questions
How long does expungement take?
The timeline varies widely depending on the court, workload, and complexity of the case. Some courts process these motions in as little as 2 to 3 months. Others, like Multnomah County, frequently take 12 months or longer. If a hearing or objection occurs, the process may take longer.
Can you expunge your record yourself?
Yes. Many people complete the expungement process in Oregon without hiring an attorney. However, individuals with multiple convictions or complicated criminal histories often benefit from professional advice.
Do you have to go to court?
Not always. Many petitions are decided without an in-person hearing. If someone objects to the petition or the judge requires additional information, the court may schedule a hearing.
Who can object?
The prosecuting attorney may object to a petition for record sealing. The court then considers the objection before deciding whether to grant or deny the request.
What happens after your record has been expunged?
After a successful expungement in Oregon, the court orders eligible records to be sealed. In most situations:
The records no longer appear in public background searches.
Employers cannot see the sealed case.
Landlords cannot access the record
Educational institutions cannot view it.
Certain government agencies may still access sealed records for limited legal purposes.
Does expungement erase the conviction?
Not exactly. In Oregon, records are sealed rather than destroyed. Public access is restricted, but the records continue to exist for certain legal purposes.
Can all criminal records be expunged?
No. Some serious convictions, including those for many violent crimes and sex offenses, and ALL traffic convictions, are excluded from eligibility. Each case should be reviewed individually to determine whether it qualifies.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
Comments