How it works in Oregon
-
Get Fingerprinted
Visit your local police or sheriff's station and have your fingerprints taken.
-
Request your Record
Complete and submit your application to request an official copy of your criminal history record.
-
Review your Record
Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.
-
Request Certified Documents
Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.
-
Verify the Final Documents
Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.
-
Prepare your Petition
Complete the petition based on the type of charge and outcome you are seeking. Under ORS § 137.225, the waiting period depends on the charge class: certain arrest records have no waiting period or a 60-day wait, certain misdemeanor convictions require one year or three years, and certain felony convictions require five years or seven years before you can file. Confirm the applicable wait for your charge class before submitting.
-
Finalize your Petition
Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.
-
File your Set-Aside Petition
File the petition with the court that handled your case.
Cost: $33.00 — pending courts.oregon.gov-authoritative source; the data-layer fee URL still points at the Oregon State Police CJIS host (wrong venue for set-aside petitions) and is deferred to a future data-layer cleanup
-
Work with the Court
After the Oregon court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.
-
Receive the Court's Order
Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered by the set-aside. Keep a certified copy for your own files.
-
Verify the Record is Set Aside
Under ORS § 137.225 and ORS § 137.223, the court's order directs the arresting agency, the prosecutor's office, and the relevant criminal-justice agencies to seal or remove the records covered by the set-aside. If a background-check provider later produces an outdated report, your certified copy of the order is your authoritative reference. Confirm with the clerk of court and the arresting agency that their records reflect the order as well.
If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.
Official agencies
- Oregon Criminal Justice Information Services' page on setting aside
- Oregon Judicial Department's page on setting aside
- Oregon Courts' guide to set aside records
Court forms
Last reviewed