Overview Description

Records relating to misdemeanors, most C felonies, some controlled substance possession offenses, and violations under state law or local ordinance can be set aside and sealed by the court three years after judgment, so long as the sentence is complete and petitioner has had no convictions in the past 10 years. Or. Rev. Stat. § 137.225(1)(a), (5)(b)-(e), (7).

Ineligible Category or Citation

Or. Rev. Stat. § 137.225(5) - (7)

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see Or. Rev. Stat. § 137.225.

A person whose sentence of probation was revoked cannot submit a petition for 10 years from the date of revocation. Or. Rev. Stat. § 137.225(c).

Fees

The petitioner must pay a fee of $80 to the Department of State Police and pay the filing fee of $252 established under section 21.135. Or. Rev. Stat. §§ 137.225(2)(c)-(d), 21.135.

Effect

The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(3).

Waiting Periods

The petition can be filed three years after the date of judgment. However, a person cannot file a petition until after their sentence is completed and 10 years after any probation revocation.

(non-prod server)