Oregon Set Aside Record of Arrest/Conviction
Oregon law allows for a criminal defendant, at any time after the lapse of three years from the date of completion of sentence, to apply to the court wherein that conviction was entered for an order setting aside the conviction.
At any time after the lapse of one year from the date of arrest, if no criminal charges were filed, or at any time after an acquittal or a dismissal of the charge, the arrested person may apply to the court which would have jurisdiction over the crime for entry of an order setting aside the record of such arrest.
Typically, relief is granted for Class C felony convictions, except for (a) criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. (c) A crime punishable as either a felony or a misdemeanor, in the discretion of the court.
Offenses that are categorically excluded from the relief are:
Any sex crime; and Criminal mistreatment in the first degree under ORS 163.205; and Endangering the welfare of a minor under ORS 163.575 (1)(a) when the severity constitutes child abuse. Also relief doesn't’t apply to A person convicted of, or arrested for, a state or municipal traffic offense; (b) A person convicted, within the 10-year period immediately preceding the filing of the motion pursuant to subsection (1) of this section, of any other offense, excluding motor vehicle violations, whether or not the other conviction is for conduct associated with the same criminal episode that caused the arrest or conviction that is sought to be set aside. Notwithstanding subsection (1) of this section, a conviction which has been set aside under this section shall be considered for the purpose of determining whether this paragraph is applicable; or (c) A person who at the time the motion authorized by subsection (1) of this section is pending before the court is under charge of commission of any crime.
ARE THERE ANY COURT FILING OR ADMINISTRATIVE FEES?
There may be additional fees. Criminal History Cleaners will provide that information during the expungement process.
WHAT DO I NEED TO DO TO GET STARTED?
Just fill out the application form and submit your application. You can make your payment right now with any major credit card or Paypal, or one of our staff will follow up with you to help answer your questions and help you complete the process. If you have Court documents in your possession, you can fax or email them to our office which allows us to expedite your document preparation and submission even faster.
