Oregon: Adult Convictions (OR-C-1)

Records relating to Class C felony convictions may be set aside by the court five years after judgment, so long as the individual does not have an other offense, excluding motor vehicle violations, whether or not the other conviction is for conduct associated with the same criminal episode that caused the arrest, citation, charge or conviction. Or. Rev. Stat. § 137.225(1)(a),(b), (7)(b)(B).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

See Or. Rev. Stat. § 137.225(5) - (7) for ineligible offenses.

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 A person whose sentence of probation was revoked cannot submit a petition for 3 years from the date of revocation. Or. Rev. Stat. § 137.225(e).

Fees

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).

Effect

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

Waiting Periods

The petition can be filed five years after the date of judgment.

Back to Oregon