Oregon: Adult Non-Conviction Arrests (OR-NC-1)

Records of arrest can be set aside and sealed if no charges are filed at any time after 60 days from the date the prosecuting attorney indicates that the state has elected not to proceed with a prosecution or contempt proceeding. Or. Rev. Stat. § 137.225(1)(c).

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

Only Or. Rev. Stat. § 137.225 (5) - (8) is eligible.

Procedure General

The petition must be filed in the court that would have jurisdiction over the offense, with service on the prosecutor. For the specific procedure, see Or. Rev. Stat. § 137.225(1)(c), (2).

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 arrest 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 60 day waiting period.

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