Expungement lawyers in Oregon

Expungement Attorneys in Oregon


Expungement in Oregon

Oregon law allows you to petition for the expungement of your criminal records in some cases. In Oregon, expungement, or to set aside, refers to sealing your records from public view, meaning that they will not be available in a routine background check. Regardless of the terminology, an expungement allows you to legally answer “no” to questions regarding your criminal record.

Most violations, misdemeanors, Class C felonies, and felonies treated as misdemeanors are eligible to be set aside. Most Class A and Class B felony convictions can not be set aside. Traffic violations (such as speeding) or traffic crimes (such as DUI) are not eligible to be set aside. Violent felonies covered by Ballot Measure 11, most sex offenses and offenses involving child abuse may not be set aside. Under some conditions very old, serious drug convictions may be eligible to be set aside under limited circumstances.

You are eligible to have your record set aside if you were arrested but the charges were not actually filed in court, and you wait a period of one (1) year. If the arrest did result in charges, but the case was dismissed or you were acquitted, you may apply to set aside the record immediately after the dismissal or acquittal. You must meet the following to qualify:

  • You have not been arrested for any other non-traffic charges within three (3) years of the date you file to set aside your arrest (expunged arrests may not count against you);
  • You have not been convicted of a non-traffic offense in the last ten (10) years;
  • You have not had any other conviction set aside in the last ten (10) years;
  • You are not currently facing charges or being prosecuted for any crime.

If you were convicted of a violation or crime that qualifies, you may, after a three (3) year waiting period from the time conviction, apply to set aside the record. If you have been convicted of any other offense, other than traffic violations, you must wait ten (10) years. Before applying to have your conviction set aside you must meet these conditions:

  • You have completed all the requirements imposed upon you by the court and completed probation;
  • You have not been convicted of a non-traffic offense within the last ten (10) years;
  • You have not had a conviction set aside in the last ten (10) years
  • You are not currently facing charges or being prosecuted for any crime.

Juveniles seeking to have their records expunged must wait at least five years from the termination of their most recent contact with the juvenile court and meet the following criteria:

  • Since the last termination you have not been convicted of a felony or Class A misdemeanor;
  • You do not have any pending charges in any criminal or juvenile court;
  • There are no allegations that you are beyond parental control, you are being neglected or abused, your behavior endangers yourself or others, or you have run away from home;
  • The juvenile department is not aware of any pending investigation of you by a law enforcement agency.

Upon turning 18, the juvenile court must order expungement of your record if you were never found within the jurisdiction of the court or you meet the conditions listed above. However, in most counties this is not automatic and you must still file a motion.


Unfortunately we do not have any expungement or post-conviction relief attorneys listed for Oregon. If you know of an attorney that serves Oregon please contact us.