Oregon Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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The PCC Legal Resource Center provides free expungement services, currently accessed by less than 7% of eligible Oregonians. Criminal record expungements offered through the Center can immediately lift some of the weight of having a criminal history, and allow more full participation in society.

You can set aside (i.e. expunge) your criminal conviction in Oregon by filing a written motion in the court in which you were convicted. You have to provide a copy of your motion to the county prosecuting attorney's office and local enforcement agency, which has the opportunity to object.

This includes a $33 background check fee to the Oregon State Police and attorney's fees of $767. The cost to expunge a prior arrest that did not result in a conviction is $700.

After a successful set aside, the conviction is removed from official records and should not show up in a background check. Oregon law allows you to deny the conviction ever occurred, because under the law it is deemed not to have occurred.

The total cost of an expungement of a prior conviction is $800. This includes a $33 background check fee to the Oregon State Police and attorney's fees of $767. The cost to expunge a prior arrest that did not result in a conviction is $700.

Generally speaking, you can expunge Class B felonies after 7 years and Class C felonies after 5 years. You can almost never expunge Class A felonies and serious sex offenses. As for misdemeanors, you can expunge Class A misdemeanors after 3 years and low-level Class B or C misdemeanors after only 1 year.

Clean Slate policies authorize states to automatically seal or expunge qualifying criminal records for people who remain crime-free for a set period. By shifting to a government-initiated record clearance system, up to 300,000 Oregonians could be eligible for record clearance relief.

Here they are: Criminal Mistreatment in the First Degree (certain cases) The victim was 65 years or older at the time you committed the crime. The offense constitutes child abuse under Oregon law. Assault in the Third Degree if the victim was a child 10 years old or less.

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Oregon Motion to Expunge Criminal Offender Record due to Charges having been Dismissed