How long you wait to clear a record in Oregon
When you can ask to clear a record in Oregon.
Checked against official sources: October 25, 2026.
Short answer
In Oregon you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Set aside of arrests, citations and charges not leading to conviction (ORS 137.225(1)(c), (d))
- Waiting periods
- 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
When can I file in Oregon?
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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)
Source: Official text
Waiting periods: 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
Waiting periods: 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
Automatic relief in Oregon
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.
Law: ORS 475.896
September 1, 2024
Law: Oregon Laws 2024, ch. 70, §§ 54, 73
Law: ORS 137.224
In nearby states
- Washington: Misdemeanor or gross misdemeanor (non-domestic violence): 3 years, counted from the later of release from supervision or probation, release from confinement, or the sentencing date
- Idaho: Arrest or summons, never charged: 1 year, counted from date of arrest or summons
- Nevada: Misdemeanor (most): 1 year, counted from release from actual custody or end of a suspended sentence, whichever is later
What to do now in Oregon
Check your dates
Use the dates on your court papers, not your memory.
Check the other rules
The wait is only one rule; the court looks at the whole record.
File when you are ready
After the wait, the next step is the petition. How to file.
Get help
Free help: OregonLawHelp – legal aid offices and Oregon State Bar – Lawyer Referral Service.
Free help in Oregon
Questions about waiting periods in Oregon
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.
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.
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.
Who helps for free in Oregon?
OregonLawHelp – legal aid offices and Oregon State Bar – Lawyer Referral Service.