Overview Description

Records of some Class B felony convictions can be set aside and sealed 20 years after conviction or release from imprisonment, so long as the person has no subsequent arrests or convictions, excluding motor vehicle violations. Or. Rev. Stat. § 137.225(1)(a), (5)(a).

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A person whose sentence of probation was revoked cannot submit a petition for 10 years from the date of revocation.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 20 years after the date of conviction or release from imprisonment, whichever is later. A person cannot file a petition until 10 years after any probation revocation.

(non-prod server)