How to file to clear a record in Oregon

How to ask a Oregon court to clear your record, what it costs and which forms to use.

Checked against official sources: October 25, 2026.

Short answer

File the OJD Motion to Set Aside in the circuit court of the county of arrest or citation and mail a copy to the district attorney. Fingerprints go to Oregon State Police.

Main remedy
Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d))
Cost
No court filing fee. No OSP fee for non-conviction records.
Forms
4

Filing step by step in Oregon

Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d))

File the OJD Motion to Set Aside in the circuit court of the county of arrest or citation and mail a copy to the district attorney. Fingerprints go to Oregon State Police. The court must grant a motion for a non-conviction record.

Cost
No court filing fee. No OSP fee for non-conviction records.

Law: ORS 137.225(1)(g)

Set aside of convictions (ORS 137.225(1)(a))

Get fingerprinted and send the OSP Request for Set Aside form, fingerprint card and fee to Oregon State Police, which sends the results to the prosecutor. File the OJD Motion to Set Aside in the circuit court where you were convicted and mail a copy to the district attorney. The DA has 120 days to object. If there is no objection the court grants it; if there is, the court holds a hearing and must grant it unless it finds, by clear and convincing evidence, that your behavior since conviction creates a risk to public safety.

Cost
No court filing fee. Oregon State Police criminal record check fee: $33, by check or money order.

Law: ORS 137.225(1)(g)

Set aside of old marijuana convictions (ORS 475C.397 and 137.226)

Under ORS 475C.397, file a motion with the court that convicted you and serve the prosecutor, who has 30 days to object only on the ground that the conviction does not qualify. No fingerprints or OSP background check are needed. Without an objection the court must grant it.

Cost
No filing fee or any other fee.

Law: ORS 475C.397(2)(b)

Court self-help

Checklist: what to gather before you file

Records that are not eligible in Oregon

  • Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d)): 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
  • Set aside of convictions (ORS 137.225(1)(a)): 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.

Law: ORS 137.225(1)(c), (1)(d), (8); ORS 137.225 (as amended by Oregon Laws 2025, ch. 349, effective January 1, 2026)

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)

Get your own record in Oregon

Oregon State Police, Criminal Justice Information Services (CJIS) Division

Oregon criminal history records are available only from the OSP CJIS Division in Salem. Request a copy of your own record through the OSP open records portal (openrecords.osp.oregon.gov). For a set-aside motion, you instead send OSP a fingerprint card, the Request for Set Aside form and (for convictions) a $33 fee.

Letter: ask the state records office for a copy of your record

In nearby states

  • Washington: No fee (WSP Expungement Checklist).
  • Idaho: No filing fee for the petition.
  • Nevada: Court filing fees vary by court: e.g. $74 in Las Vegas, Henderson and North Las Vegas Justice Courts, $270 in the Eighth Judicial District Court; $71 in Sparks Justice Court (Washoe County).

What to do now in Oregon

  1. Gather your papers

    You need your case numbers, court papers and proof you finished your sentence. Checklist: what to gather before you file.

  3. Turn in the petition

    After you file, the prosecutor may respond and the court decides.

Free help in Oregon

Questions about filing in Oregon

What is the waiting period in Oregon?

Arrested or cited, no charges filed: You can file 60 days after the prosecutor decides not to file charges, counted from the date the prosecutor says the state will not prosecute; Charge dismissed or acquitted: No waiting period, counted from the dismissal or acquittal; Class B felony: 7 years, counted from 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, counted from the conviction date or release from prison, whichever is later.

What is the filing fee in Oregon?

Set aside of arrests, citations and charges not leading to conviction: No court filing fee. No OSP fee for non-conviction records. Set aside of convictions: No court filing fee. Oregon State Police criminal record check fee: $33, by check or money order. Set aside of old marijuana convictions: No filing fee or any other fee.

How do I get a copy of my criminal record in Oregon?

Oregon criminal history records are available only from the OSP CJIS Division in Salem. Request a copy of your own record through the OSP open records portal (openrecords.osp.oregon.gov). For a set-aside motion, you instead send OSP a fingerprint card, the Request for Set Aside form and (for convictions) a $33 fee.

Who helps for free in Oregon?

OregonLawHelp – legal aid offices and Oregon State Bar – Lawyer Referral Service.

Related Oregon pages