State Summary

The Oregon Second Chance Expungement Gap

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Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Primary Sources: Oregon Revised Statute ORS 137.225 (2019)

Secondary Sources: Oregon Court guidance on Class C or below | Oregon state guidance on Class B | Oregon CCRC Profile (4/7/2020)

Summary of the Law

CONVICTIONS:

  1. Misdemeanors:
    1. Set aside if Class A misdemeanor (as defined in statute under 161.555) upon petition, after 3 year wait-period from conviction, if clean (a person may have no other convictions during the waiting period). SB 397 (2021) ORS 137.225(1)(a), (1)(b), (7), (8)
    2. Set aside if Class B or C misdemeanor (as defined in statute under - 161.555) upon petition after 1 year wait-period from conviction, if clean (a person may have no other convictions during the waiting period). SB 397 (2021) ORS 137.225(6)(a) through (f)
  2. Felonies:
    1. Set aside if Class C felony (felony classes defined in statute under 161.525), upon petition, after a 5 year wait-period starting from conviction, if clean (a person may have no other convictions during the waiting period) and no pending criminal charges. (Probation revocations require a 10-year wait period). SB 397 (2021) ORS 137.225(1)(a), (1)(b), (7), (8)
    2. Set aside if Class B felony if not under ORS 166.429, 7 years clean after sentence completion and not a person felony as defined in 213-003-0001 (14). SB 397 (2021) § 137.225(5)(a)
  3. Not Eligible:
    1. Traffic, sex, and violent offenses (defined, at (6)) not eligible. Elder and Child Abuse (defined 6(b)), Class C criminally negligent homicide, Class B firearms used in a felony (defined, at (5)(a)) or any crime classified as a “person felony” (definition) by OCJC
  4. Lifetime and Other Limits: n/a.
  5. Treatment of Multiple Convictions from the same Incident: n/a.
  6. LFO Payment Required for Sentence Completion: LFO payment required for sentence completion: n/a.
  7. Other Unmodeled Criteria or Details:
    1. Marijuana Convictions: Certain felonies can be reduced to misdemeanors under § 137.222. Convictions prior to 2015 require no wait period § 137.226.
    2. Person convicted of a felony and the district attorney can jointly petition a court to reconsider a sentence or conviction if if “no longer advances the interests of justice” SB 819
    3. Pending criminal charges

NON-CONVICTIONS:

  1. Acquittals or Dismissals: Set aside for acquittals or dismissals with no waiting period, if no convictions within 10 years (cannot model arrests). ORS 137.225(1)(b)
  2. Not modeled
    1. Arrests or charges if no accusatory instrument filed, upon petition, after 60 days waiting-period starting from date of arrest or charge. SB 397 ORS 137.225(1)(b)
    2. Pending criminal charges

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