The Oregon Second Chance Expungement Gap
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
- Misdemeanors: Set aside if misdemeanor (as defined in statute under - 161.555) upon petition, after 3 year wait-period from conviction, if clean (here meaning no convictions in 10 years/arrests in 3 years prior to filing petition and no pending criminal charges) (Probation revocations require a 10-year wait period). ORS 137.225(1)(a), (1)(b), (7), (8)
- Set aside if Class C felony (felony classes defined in statute under 161.525), upon petition, after a 3 year wait-period starting from conviction, if clean (here meaning no convictions in 10 years/arrests in 3 years prior to filing petition) and no pending criminal charges. (Probation revocations require a 10-year wait period). ORS 137.225(1)(a), (1)(b), (7), (8)
- Set aside if Class B felony if not under ORS 166.429, 20 years clean after sentence completion and not a person felony as defined in 213-003-0001 (14). § 137.225(5)(a) - Unicorn Rule
- Not Eligible: 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
- Lifetime and Other Limits: n/a.
- Treatment of Multiple Convictions from the same Incident: n/a.
- LFO Payment Required for Sentence Completion: LFO payment required for sentence completion: n/a.
- Other Unmodeled Criteria or Details:
- Marijuana Convictions: Certain felonies can be reduced to misdemeanors under § 137.222. Convictions prior to 2015 require no wait period § 137.226.
- Pending criminal charges
- 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)
- Not modeled
- Arrests or charges if no accusatory instrument filed, upon petition, after 1 year waiting-period starting from date of arrest or charge, if no arrests within 3 years and no convictions within 10 years.
- Pending criminal charges