Oregon – Set-Aside

What is a Set-Aside?

Oregon does not offer “sealing” or "expungement" of adult criminal records, but it does offer "set asides.” When a record is set aside in Oregon, the court sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction and all other official records, including law enforcement records, to be sealed.

Who is Eligible for Set-Aside?

You are eligible to have your arrest record set aside, if:

  • The arrest happened more than one year ago and no accusatory instrument was filed; or
  •  You were acquitted or the charge was dismissed.

The following convictions are eligible to be set aside three years after the date of arrest, so long as other criteria are met:

  • Any misdemeanor, Class C felony, or felony punishable as a misdemeanor;
  • Unlawful possession of a controlled substance classified as Schedule I;
  • An offense constituting a violation under state law or local ordinance; or
  • An offense committed before January 1, 1972, that, if committed after that date, would qualify.

You are eligible to have certain Class B felony convictions set aside if 20 or more years have passed since the date of conviction or release from imprisonment, whichever is later.

You are not eligible to have your conviction set aside if you are still serving your sentence.

If your probation was revoked, you must wait 10 years from the date of revocation to apply for a set aside.

You cannot set aside the following types of offenses:

  • Criminal mistreatment in the second degree if the victim was 65 years of age or older;
  • Criminal mistreatment in the first degree if the victim was 65 years of age or older or if the offense constitutes child abuse;
  • Endangering the welfare of a minor, when the offense constitutes child abuse;
  • Criminally negligent homicide;
  • Assault in the third degree;
  • Most sex crimes (see ORS 137.225 for exceptions);
  • Convictions for state or municipal traffic offenses; or
  • Class B felonies that are classified as a person felony or was a firearms used in felony conviction.

In addition to the waiting periods, you must also:

  • Have completed your sentence;
  • Have no convictions, arrests, criminal citations, or charges except for traffic violations since the date of the conviction you are seeking to set aside; and
  • Have no convictions within the preceding 10 years, other than motor vehicle violations, including any convictions that have been set aside.

What Effect Does Set-Aside Have?

Once the court grants your set aside, you are legally considered not to have been arrested, cited, charged, or convicted in most instances. The court will issue an order sealing the record of conviction and all other official records relating to it, including the arrest record.

Arrest or conviction records that have been set aside may still be available by court order.

Once your record is expunged, in most cases you can legally deny being arrested or convicted.

When Can I Apply for a Set Aside?

You can apply for a set aside of an arrest record that results in an acquittal or dismissal any time after the acquittal or dismissal.

You can apply for a set aside of an arrest record one year after the arrest if no accusatory instrument was filed.

You can apply for a set aside of a conviction record for the following offenses three years after the date of arrest, so long as additional criteria are met:

  • Any misdemeanor, Class C felony, or felony punishable as a misdemeanor;
  • Unlawful possession of a controlled substance classified as Schedule I;
  • An offense constituting a violation under state law or local ordinance; or
  • An offense committed before January 1, 1972, that, if committed after that date, would qualify.

You can apply for a set aside for a Class B felony conviction 20 years after the date of conviction or release from imprisonment, whichever is later.

You cannot apply for a set aside if you have not completed your sentence. If your probation is revoked, you must wait 10 years from the date of revocation to apply for a set aside.

You cannot set aside the following types of records:

  • Criminal mistreatment in the second degree if the victim was 65 years of age or older;
  • Criminal mistreatment in the first degree if the victim was 65 years of age or older or if the offense constitutes child abuse;
  • Endangering the welfare of a minor, when the offense constitutes child abuse;
  • Criminally negligent homicide;
  • Assault in the third degree;
  • Most sex crimes (see ORS 137.225 for exceptions);
  • Convictions for state or municipal traffic offenses; or
  • Class B felonies that are classified as a person felony or was a firearms used in felony conviction.

In addition to the waiting periods, you must also:

  • Have completed your sentence;
  • Have no convictions, arrests, criminal citations, or charges except for traffic violations since the date of the conviction you are seeking to set aside; and
  • Have no convictions within the preceding 10 years, other than motor vehicle violations, including any convictions that have been set aside.

How Do I Apply for Set Aside?

Here are the 10 steps to apply for a set aside of a conviction:

  1. Complete the Motion and Affidavit to Set Aside a Conviction. Do not sign the Affidavit until you are standing in front of a notary public or the clerk of the court in which you were convicted.
  2. Get your fingerprints taken at your local police department or fingerprinting facility.
  3. Pay the fingerprinting fee.  
  4. Include a copy of your police report.
  5. Obtain a copy of your court records, including the charging instrument or indictment, the order of dismissal, judgment, or sentencing order from your case. The court may charge a fee for the documents.
  6. Make copies of everything, including one complete set for yourself.
  7. File a copy of your documents with the court in which you were convicted.
  8. Pay the $281.00 filing fee to request a set aside from the court. If the court denies your application, you will not get this money back.
  9. File a copy of your documents and the original fingerprint card with the District Attorney for the county in which you were convicted.
  10. Pay the $80.00 fee to process your fingerprints with the State Police Department. This payment should be included in the packet you provide to the District Attorney.

It can take up to six months for the District Attorney to investigate your case to determine whether you are eligible for a set aside. The District Attorney will send the results of their investigation to the Court. If the Court decides to grant your set aside, they will send a copy of the Order to Seal to law enforcement agencies and your court and arrest records will be sealed. If the Court decides not to grant your set aside, they will send you a letter.

More Information About Set Aside

For more information about how to set aside your record from various counties’ court in Oregon, visit the related links.

Related Links