About clearing a record in Oregon
The court charges no filing fee. You send your fingerprints to the Oregon State Police. For a conviction, you also pay them for a record check. For a conviction, you must finish the whole sentence first. Then a wait runs from the conviction or your release from prison, whichever is later. It is one year for a Class B or C misdemeanor or a violation. It is three years for a Class A misdemeanor. It is five years for a Class C felony and seven for a Class B felony. You also need no other conviction in that same span before you file. Motor vehicle violations do not count, nor does one lone violation. If the state filed no charge, you can ask 60 days after the prosecutor says it will not proceed. After an acquittal or a dismissal, you can ask at any time. Class A felonies, Class B person felonies, traffic offenses and most sex crimes are out. The guide lists a few more.
The prosecutor gets a copy and has 120 days to object. With no objection, the court must grant the motion. With one, the court holds a hearing. It may deny only on written findings, by clear and convincing evidence, that your conduct since then is a risk to public safety. After the order, the law treats the case as if it never happened. The court seals the records. You may answer questions as if it never occurred. There are narrow exceptions, such as a civil case where the truth is at issue. ORS § 137.226 has its own door for some marijuana convictions. The wait is one year after the judgment if you were under 21 when convicted. For a marijuana offense from before April 21, 2017, the court classes it as if it happened after that date. ORS § 475C.397 is a third door. It is for a conviction from before July 1, 2015, for less than one ounce of marijuana or for home amounts ORS 475C.305 lists. You can file at any time, with no fee, no fingerprints and no record check. The prosecutor has 30 days to object.
Remedies in Oregon
- Set-Aside