Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d)) in Oregon: which records can be cleared
Each way to clear a record in Oregon, what it covers, the exclusions and the effect.
Checked against official sources: October 25, 2026.
Short answer
In Oregon it is called set aside (also called expungement) or sealing: when a court sets aside a conviction, arrest, citation or charge, the law treats it as if it never happened and the court seals the official records. Some misdemeanor and felony convictions may be cleared, and Oregon also clears some records automatically.
- Main remedy
- Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d))
- What it covers
- Arrests or citations where no charge was filed, dismissed charges and acquittals.
- Ways to clear a record
- 3
- Automatic relief
- Yes
Ways to clear a record in Oregon
Set aside (also called expungement); sealing — When a court sets aside a conviction, arrest, citation or charge, the law treats it as if it never happened and the court seals the official records. Sealed records may still appear in some federal background checks, and a court can reopen them in limited cases.
Oregon has 3 ways to clear a record. Each covers different records and has its own waiting period.
Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d))
Arrests or citations where no charge was filed, dismissed charges and acquittals
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrested or cited, no charges filed | See the rule You can file 60 days after the prosecutor decides not to file charges. | The date the prosecutor says the state will not prosecute |
Charge dismissed or acquitted | No waiting period You can file at any time after the dismissal or acquittal. | The dismissal or acquittal |
- Not eligible
- DUII charges dismissed after a diversion agreement; dismissed traffic-violation citations; anyone with a pending criminal charge or a pending contempt charge for violating an abuse-related or person-crime order
Law: ORS 137.225(1)(c), (1)(d), (8); ORS 137.225(8)
Source: Official text
Set aside of convictions (ORS 137.225(1)(a))
Class B and C felonies, all misdemeanors, violations and contempt findings, once the sentence (including probation, fines and restitution) is fully completed
| Kind of case | Waiting period | Counted from |
|---|---|---|
Class B felony | 7 years You can file 7 years after conviction or release, with no other conviction in those 7 years. | The conviction date or release from prison, whichever is later |
Class C felony, or contempt of court for violating an abuse-related or person-crime order | 5 years You can file 5 years after conviction or release, with no other conviction in those 5 years. | The conviction date or release from prison, whichever is later |
Class A misdemeanor | 3 years You can file 3 years after conviction or release, with no other conviction in those 3 years. | The conviction date or release from jail, whichever is later |
Class B or C misdemeanor, violation, or other contempt | 1 year You can file 1 year after conviction or release, with no other conviction in that year. | The conviction date or release from jail, whichever is later |
Probation was revoked | 3 years If your probation was revoked, you must wait 3 years from the revocation, or the regular waiting period if that is longer. | The date of revocation |
Conviction reduced to a lower class by the court | See the rule If the court reduced the offense class (for example a felony reduced to a misdemeanor), you use the waiting period for the reduced class. This applies to motions filed on or after January 1, 2026. | The conviction date or release from imprisonment, whichever is later |
- Not eligible
- Class A felonies; Class B felonies that are person felonies or ORS 166.429; most sex crimes (limited exceptions for people relieved of registration and some young-offender cases); criminal mistreatment of a person 65 or older or child abuse; child-abuse endangering; criminally negligent homicide as a Class C felony; assault III under ORS 163.165(1)(h); traffic offense convictions. You are also blocked if, during the waiting period, you had another conviction (other than motor vehicle violations, one single non-traffic violation, or a drug enforcement misdemeanor) or a contempt finding for violating an abuse-related or person-crime order, or if you have a pending criminal charge or pending contempt charge for violating such an order. A set-aside conviction still counts for this rule.
- Limits
- No limit on the number of eligible convictions; there is no time limit to apply.
Law: ORS 137.225 (as amended by Oregon Laws 2025, ch. 349, effective January 1, 2026)
Source: Official text
Set aside of old marijuana convictions (ORS 475C.397 and 137.226)
Convictions for possessing less than one ounce of marijuana committed before July 1, 2015; marijuana convictions of people under 21
| Kind of case | Waiting period | Counted from |
|---|---|---|
Qualifying pre-July 2015 marijuana conviction | No waiting period You can file at any time after you finish the sentence. | Completing the sentence |
Marijuana conviction, under 21 at conviction, no other offenses | 1 year You can file 1 year after the judgment if you have no other conviction (except motor vehicle violations) and finished the sentence. | The judgment of conviction |
Law: ORS 475C.397; ORS 137.226
Source: Official text
Juvenile records in Oregon
Oregon juvenile departments must ask the court to expunge many records without a hearing, within 90 days after the young person turns 18: contacts that never led to a juvenile court finding, and findings for acts that would be violations or non-violent misdemeanors for an adult. Since January 1, 2026, findings for violent misdemeanors and most felonies are also expunged on application 4 years after the case ended and after age 18, if there is no later adult felony or Class A misdemeanor conviction and no pending case (some serious felonies such as Robbery I/II and Assault II are left out). Other juvenile records can be expunged on application after age 18 and 4 years after the case ended, with no adult felony or Class A misdemeanor conviction, no pending case and no unpaid restitution. Juvenile cases use separate forms.
Law: ORS 419A.261(2)-(3); ORS 419A.261(4), Oregon Laws 2025, ch. 487; ORS 419A.262
Automatic relief in Oregon
- Law
- Automatic sealing of drug enforcement misdemeanor records
- What is cleared
- For unlawful possession of a controlled substance charged as a drug enforcement misdemeanor: police or the DA seal records within 60 days after you complete a deflection program; records are sealed if no further action is taken on the citation within 2 years of the offense; the court seals records within 90 days after you finish probation, after a dismissal under a probation agreement, or after an acquittal; and the court must seal a conviction 3 years after judgment (time with an active warrant does not count) and a dismissal 3 years after dismissal. Records are not sealed while the case has an active warrant or other non-drug charges in the case remain unsealed. Other Oregon convictions are not set aside automatically; you must file a motion.
- Started
- September 1, 2024
Law: ORS 137.224; ORS 475.896; Oregon Laws 2024, ch. 70, §§ 54, 73
Marijuana records in Oregon
Convictions for possessing less than one ounce of marijuana (or other now-legal conduct) committed before July 1, 2015 can be set aside at any time after the sentence is finished, with no fee, no fingerprints and no background check; the prosecutor can object only if the conviction does not qualify. Marijuana convictions of people under 21 at conviction can be set aside 1 year after judgment, and older marijuana convictions (conduct before April 21, 2017) are judged under today's lower offense classes when deciding set-aside eligibility. Since September 26, 2025, unpaid money judgments for pre-July 2015 municipal or justice court convictions for under-one-ounce possession have expired, so they no longer block a set-aside.
Law: ORS 475C.397; ORS 137.226; Oregon Laws 2025, ch. 395, § 1
What you can say afterwards
After a set-aside you are treated by law as never having been convicted, arrested, cited or charged, and you may answer questions about it accordingly. Exceptions: in a civil case where truth is an issue, a court can order the records disclosed; a prosecutor or defendant can ask the court to reopen sealed records for an investigation; and a set-aside conviction still counts when deciding eligibility for later set-asides.
Law: ORS 137.225(3), (4), (7)(b), (10), (11)
Pardons in Oregon
- Who decides
- Governor of Oregon
- How
- Write an application stating your grounds, sign it, and serve copies on the district attorney of the county of conviction, the State Board of Parole and Post-Prison Supervision and the Director of the Department of Corrections (and the DA where you are housed, if incarcerated); give the Governor an affidavit proving service. The DA notifies the victim and sends the Governor the case reports.
Law: Or. Const. art. V, § 14; ORS 144.640-144.670
In nearby states
- Washington: Vacate (vacation of a conviction); deletion of non-conviction data
- Idaho: Expungement (non-conviction records), shielding from disclosure, and dismissal or reduction under I.C. § 19-2604
- Nevada: Record sealing
- California: Dismissal (often called expungement), arrest record sealing, automatic record relief
What to do now in Oregon
Start with your record
Find out exactly what your record shows: every arrest, charge and outcome. Oregon Judicial Department – Criminal Set-Aside (Adult Cases) statewide form and instructions (Jan 2026) and Multnomah County Circuit Court – Criminal Set Aside (Expungement).
See if enough time has passed
Each kind of case has its own waiting period. Waiting periods.
Ask the court
Most remedies start with a petition to the court. How to file.
Talk to legal aid
Free help: OregonLawHelp – legal aid offices and Oregon State Bar – Lawyer Referral Service.
Free help in Oregon
Questions about clearing a record in Oregon
What is clearing a record called in Oregon?
Set aside (also called expungement); sealing. When a court sets aside a conviction, arrest, citation or charge, the law treats it as if it never happened and the court seals the official records. Sealed records may still appear in some federal background checks, and a court can reopen them in limited cases.
Can convictions be cleared in Oregon?
Set aside of arrests, citations and charges not leading to conviction: Arrests or citations where no charge was filed, dismissed charges and acquittals. Set aside of convictions: Class B and C felonies, all misdemeanors, violations and contempt findings, once the sentence (including probation, fines and restitution) is fully completed. Set aside of old marijuana convictions: Convictions for possessing less than one ounce of marijuana committed before July 1, 2015; marijuana convictions of people under 21.
Does Oregon clear records automatically?
For unlawful possession of a controlled substance charged as a drug enforcement misdemeanor: police or the DA seal records within 60 days after you complete a deflection program; records are sealed if no further action is taken on the citation within 2 years of the offense; the court seals records within 90 days after you finish probation, after a dismissal under a probation agreement, or after an acquittal; and the court must seal a conviction 3 years after judgment (time with an active warrant does not count) and a dismissal 3 years after dismissal. Records are not sealed while the case has an active warrant or other non-drug charges in the case remain unsealed. Other Oregon convictions are not set aside automatically; you must file a motion.
Can a marijuana record be cleared in Oregon?
Convictions for possessing less than one ounce of marijuana (or other now-legal conduct) committed before July 1, 2015 can be set aside at any time after the sentence is finished, with no fee, no fingerprints and no background check; the prosecutor can object only if the conviction does not qualify. Marijuana convictions of people under 21 at conviction can be set aside 1 year after judgment, and older marijuana convictions (conduct before April 21, 2017) are judged under today's lower offense classes when deciding set-aside eligibility. Since September 26, 2025, unpaid money judgments for pre-July 2015 municipal or justice court convictions for under-one-ounce possession have expired, so they no longer block a set-aside.
Are juvenile records sealed in Oregon?
Oregon juvenile departments must ask the court to expunge many records without a hearing, within 90 days after the young person turns 18: contacts that never led to a juvenile court finding, and findings for acts that would be violations or non-violent misdemeanors for an adult. Since January 1, 2026, findings for violent misdemeanors and most felonies are also expunged on application 4 years after the case ended and after age 18, if there is no later adult felony or Class A misdemeanor conviction and no pending case (some serious felonies such as Robbery I/II and Assault II are left out). Other juvenile records can be expunged on application after age 18 and 4 years after the case ended, with no adult felony or Class A misdemeanor conviction, no pending case and no unpaid restitution. Juvenile cases use separate forms.
What changes after a record is cleared in Oregon?
After a set-aside you are treated by law as never having been convicted, arrested, cited or charged, and you may answer questions about it accordingly. Exceptions: in a civil case where truth is an issue, a court can order the records disclosed; a prosecutor or defendant can ask the court to reopen sealed records for an investigation; and a set-aside conviction still counts when deciding eligibility for later set-asides.