Oregon: Adult Convictions (OR-C-2)

Records relating to Class B felony convictions can be set aside 7 years after conviction or release from imprisonment, so long as the individual has not been convicted of anything other than motor vehicle violations. Or. Rev. Stat. § 137.225(1)(b), (7).

Record Detail(s)

Felony

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 A person whose sentence of probation was revoked cannot submit a petition for 3 years from the date of revocation.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

There is a 7 year waiting period.

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