Overview Description

Records of arrest can be set aside and sealed if no charges are filed within one year, so long as the person has no arrests in the preceding three years excluding motor vehicle violations, and no convictions in the past 10 years, excluding minor vehicle violations. A single violation, other than a motor vehicle violation, within the last 10 years is not a conviction. Or. Rev. Stat. § 137.225(1)(b), (7), (8).

Ineligible Category or Citation

Or. Rev. Stat. § 137.225 (7) - (8)

Procedure General

The petition must be filed in the court that would have jurisdiction over the offense, with service on the prosecutor. For the specific procedure, see Or. Rev. Stat. § 137.225.

Fees

Petitions filed under this section are excluded from the fees listed in subsection (2)(c). Or. Rev. Stat. § 137.225.

Effect

The arrest 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 one year after the arrest, if the petitioner has no arrests in the preceding three years excluding minor vehicle violations, and no convictions in the past 10 years, excluding minor vehicle violations.

(non-prod server)