Oregon: Adult Non-Conviction Arrests (OR-NC-2)

Records of arrest can be set aside and sealed at any time after the dismissal of the charge or acquittal. Or. Rev. Stat. § 137.225(1)(d).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

See subsections (5), (6), (7), and (8) of this section for ineligible offenses. Or. Rev. Stat. § 137.255.

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 A person whose sentence of probation was revoked cannot submit a petition for 3 years from the date of revocation.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

The petition can be filed any time after the dismissal or acquittal, if the petitioner has no arrests in the preceding three years excluding minor vehicle violations, and no convictions in the past 10 years, excluding minor vehicle violations.

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