Oregon Expungement: The Complete 2026 Guide

A few years ago, if you had a Class B misdemeanor in Oregon, you were waiting three years before you could even file. As of July 2023, that wait dropped to one year. That is a real change for real people — and it means some folks who looked up their eligibility before 2023 and got a "not yet" answer should look again. This guide covers everything: who qualifies, exactly how long you have to wait, and every step of the filing process in plain language.

What changed in 2023 — and why it matters

Oregon House Bill 2417 took effect on July 1, 2023. It made two significant changes to Oregon's expungement law, which Oregon officially calls a motion to set aside under ORS 137.225.

First, the waiting period for Class B and C misdemeanors dropped from three years to one year. That is a two-year reduction for a lot of people.

Second, HB 2417 added new categories of offenses that can now be set aside — including some offenses that previously had no path to expungement. The legislature also clarified the rules around arrests that did not result in convictions.

If you were told "no" before July 2023, that answer may no longer be accurate. The law changed. It is worth checking again.

Who qualifies — and who does not

Oregon's eligibility rules are specific. The type of charge matters. The class of the offense matters. And certain categories are completely excluded no matter how much time has passed.

How long do you have to wait

This is the part people get wrong most often. The waiting period starts on the day your sentence ended — not your arrest date, not your conviction date, and not the day you were released from jail or prison. The clock starts when you complete probation, parole, or any post-prison supervision. If you had no supervision after your conviction, it starts on the date of your sentencing.

What "set aside" actually means in Oregon

Oregon uses the term "set aside" rather than "expungement," but in practice they mean the same thing: after the order is signed, the record is sealed from public view.

Once your record is set aside in Oregon, you can legally say "I was not convicted" on most job applications, housing applications, and other forms that ask about criminal history. Oregon law specifically protects your right to answer "no" on those questions once a conviction has been set aside.

What it does not do

A set aside in Oregon has real limits. It is important to understand them so you are not caught off guard later.

The filing process, step by step

Most people file their Oregon set-aside petition without a lawyer. It takes preparation, but the process is designed for people to navigate on their own. Here is exactly what you do.

What to gather before you go to the courthouse

Fees

Oregon eliminated filing fees for expungement motions. Under SB 397, effective January 2022, there is no court filing fee to file a motion to set aside a conviction or arrest record in Oregon. This applies statewide, in every county.

The only fee that may apply is the $33 fingerprint-based background check fee paid to the Oregon State Police if your motion involves setting aside a conviction. This fee covers the cost of the criminal history check required by the court. Note that a fingerprint card is required for all set-aside motions (both arrests and convictions) under ORS 137.225(2)(c), but the $33 OSP fee only applies to conviction set-asides.

If the $33 OSP fee is a hardship, you may still request a fee waiver from the court. Ask the clerk for Form OJD FS-001 (Declaration for Waiver of Fees) before you pay. If your income is at or below 125% of the federal poverty line, or if you receive means-tested benefits, the court may waive the fee.

Free legal help

You do not need a lawyer to file an Oregon set-aside petition. But if your case is complicated — multiple convictions, a DA objection, an offense you are not sure qualifies, or a situation involving immigration — legal help matters. Oregon has strong free resources.

After the order is signed

When the judge signs your set-aside order, the court sends a copy to the Oregon State Police. OSP is required to update their records within 60 days. Your case will no longer appear on Oregon's official criminal history database.

Keep multiple certified copies of the signed order. You will want them on hand because private background check companies — the ones employers and landlords often use — can be slow to update. Oregon law gives them 90 days after the court order to remove the record. If a company still shows your record after 90 days, send them a certified copy of the order in writing and demand removal. If they refuse or delay further, contact the Oregon Attorney General's office.

Once your record is set aside, Oregon law protects your right to answer "no" when asked about that conviction on most applications. Job applications, rental applications, most professional license applications — you can honestly and legally say no conviction. There are narrow exceptions (law enforcement, certain healthcare and education licenses), but for most situations in most people's lives, the set aside does what you need it to do.

A few things worth knowing

Oregon's set-aside law gives judges discretion. Even if you meet every technical requirement — right charge class, waiting period satisfied, no new convictions — a judge can still deny the petition if they find it is not in the interest of justice. This is rare, and most petitions that meet the legal requirements are granted. But it is worth knowing that meeting the checklist does not guarantee the outcome.

If your petition is denied, Oregon law allows you to refile after three years. A denial is not permanent. If you have the means to do so, using that time to work with a lawyer on your presentation can make a real difference the second time around.

Finally, if you were convicted of multiple offenses, each charge must be eligible on its own. You cannot bundle an eligible charge together with an ineligible one and expect both to get set aside. The motion covers each count separately. The court will address each charge individually.

Oregon expanded access to expungement in 2023 because the legislature recognized that records follow people far longer than sentences do. The process takes some paperwork and time, but it is genuinely navigable. Tens of thousands of Oregonians have done it. This guide exists to make that path a little clearer.