Oregon: Adult Convictions (OR-C-6)

Records relating to Class A misdemeanor convictions may be set aside by the court three years after judgment, so long as the individual has not been arrested or convicted of anything other than motor vehicle violations during that time. Or. Rev. Stat. § 137.225(1)(a),(b), (7)(b)(C).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, 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 A person whose sentence of probation was revoked cannot submit a petition for 3 years from the date of revocation.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).

Forms

There is no statutory language.

Waiting Periods

There is a 3-year waiting period.

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