Getting Your Felony Record Expunged (Adults)

You may qualify to have your conviction set aside if:

1. At least three years have passed from the date of conviction; and
2. You fully complied with all requirements of your sentence, including payment of restitution and all other financial obligations; and
3. You have no pending criminal charges; and
4. You have no other convictions (except traffic convictions) within the 10-year period preceding the filing of this motion. Convictions which have previously been set aside or convictions for conduct associated with the conviction you are now seeking to set aside are counted, if they occurred with the 10-year period; and
5. The conviction you want set aside is not a state or municipal traffic offense; and
6. The type of conviction your motion is based upon is:
   1. A class C felony, except for the type of offense described in section "g" below; or
   2. Any crime that was punishable as either a felony or misdemeanor by the court at the time of the sentence (regardless of the sentence actually imposed), if committeed on or after January 1, 1972, except for the type of offense described in section "g" below; or
   3. Any conviction for possession of marijuana (even if convicted of Class B felony possession or a lesser charge, such as a misdemeanor or violation); or
   4. A misdemeanor, whether cited under state law, city or county ordinance, except for misdemeanors described in section "g" below
   5. A violation (including non-traffic infractions), whether cited under state law, city or county ordinance; or
   6. Any conviction for an offense committed before January 1, 1972, which if committed after that date would be classified under categories "a" through "e" above. (The exception is section "g" which also applies.)
   7. Exceptions: if the conviction described in section "a" through "f" involves the type of offense listed below, the conviction does not qualify for a motion to set aside:
      1. A sex crime; or
      2. One of the following crimes when they would constitute child abuse as defined in ORS 419B.005:
         1. Criminal mistreatment in the first degree under ORS 163.205; or
         2. Endangering the welfare of a minor under ORS 163.575 (1)(a)
   
   
   You may qualify to have your arrest set aside if:
   
   
   1. You do not have any pending criminal charges; and
   2. You have no convictions (except traffic convictions) within the 10-year period preceding the filing of the motion. Convictions which have previously been set aside or convictions for conduct associated with the conviction you are now aside or convictions for conduct associated with the conviction you are now seeking to set aside are counted, if they occurred within the 10-year period; and
   3. You have no other arrests within a three-year period preceding the filing of the motion (except for traffic offenses and arrests for conduct associated with the arrest you are seeking to have set aside); and
   4. The arrest you want set aside is not a state or municipal traffic offense; and
   5. One of the following applies to the arrest you seek to have set aside:
      1. No accusatory instrument (charging you with a crime) was ever filed and at least one year has passed from the date of arrest to the date you file the motion to set aside. (If you "secreted" yourself inside or outside of Oregon, the time in which you did this does not count as part of the one-year period); or
      2. You were charged with a crime but the charges were dismissed or you were acquitted at trial (found not guilty). If this happens you can file the motion to set aside at any time and do not need to wait one year from the date of arrest; or
      3. The arrest you are seeking to have set aside resulted in a conviction of the type described in subsections "a" through "f" of section six above. It is not a sex crime or a crime involving child abuse, as described in section "g" above. *You meet all the criteria for having a conviction set aside, as described in the preceding sections of this summary
   
   
   An arrest for a sex crime or a crime involving child abuse may be set aside if it did not result in a conviction.
   
   
   
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   Source: District Attorney Multnomah County - Expungements
   Oregon Revised Statute 137.225
   
   Prepared by East County One Stop -- with support from the Regional Investment Board and State of Oregon Lottery funds.