Overview Description

Records relating to Class B or C misdemeanor convictions may be set aside by the court one year after judgment, so long as the individual has not been arrested or convicted of anything other than motor vehicle violations during that time. Or. Rev. Stat. § 137.225(1)(a),(b), (7)(b)(D).

There is no statutory language regarding ineligible offenses.

The petition must be filed in the court of conviction. For the specific procedure, Or. Rev. Stat. § 137.225. A person whose sentence of probation was revoked cannot submit a petition for 3 years from the date of revocation. Or. Rev. Stat. § 137.225(e).

The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e).

The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).

There is no statutory language.