Free Consultation
(503) 208-2950
Oregon's expungement process — called a "Motion to Set Aside" — allows many people with criminal convictions and arrests to have those records sealed. Background checks stop surfacing them. Employers stop seeing them. David Wallace evaluates your eligibility, handles the full petition, and tells you honestly what's possible for your situation.
Free consultation. Statewide. David responds personally within 30 minutes.
(503) 208-2950What It Actually Means
Most states call it expungement. Oregon calls it a Motion to Set Aside, governed by ORS 137.225. The effect is similar: when the court grants your motion, your criminal record — the arrest, the charge, the conviction — is sealed from public view. It no longer appears in background checks, employer searches, or housing screenings. In most cases, you can legally state that it does not exist.
Oregon law does not physically destroy the record. Law enforcement agencies retain access, and certain licensing boards can still see sealed records. But for most practical purposes — jobs, housing, credit, and daily life — the record is gone.
There is also a Motion to Set Aside an Arrest (for cases that were dismissed, acquitted, or never prosecuted). This is separate from a conviction set aside and often eligible without a waiting period.
Eligibility
Eligibility depends on the type of conviction, when the sentence was completed, and your record since. Here's the general framework — every case has nuances, and David's free consultation gives you a definitive answer.
Column One
Often eligible immediately.
If your case was dismissed by the DA, dismissed after diversion, or you were acquitted at trial, you may be eligible to file a motion to set aside right away — no waiting period required in most cases.
Includes: Dismissed charges, acquittals, cases resolved through diversion programs (except DUII diversion)
Column Two
Generally eligible after 3 years.
Most Class A and Class B misdemeanor convictions can be set aside 3 years after you've completed all terms of your sentence — including probation, fines, and restitution. You must not have any new convictions or pending charges during the waiting period.
Includes: Most theft, drug possession, criminal mischief, trespassing, and similar misdemeanor convictions
Note: DUIIs and most traffic offenses are not eligible regardless of class.
Column Three
Class C and some Class B non-person felonies — eligible after waiting period.
Oregon law allows set asides for Class C felonies (and, since 2022 changes, some Class B non-person felonies) after a waiting period that varies by conviction class. Class A felonies and “person felonies” involving violence are generally not eligible.
2022 update:Oregon's expungement laws changed in 2022, expanding eligibility for some Class B non-person felonies. If you were told you weren't eligible before 2022, it may be worth checking again. David stays current on ORS 137.225 and its recent amendments.
At a Glance
"After sentence completion" means after you've finished probation, parole, paid all fines, and completed any other terms. The clock starts when everything is done — not just when you were released. If you're not sure where you stand, David calculates this as part of the free consultation.
Practical Outcomes
When the court grants your motion, the practical effects are immediate and significant. Here's what a set aside changes — and what it doesn't.
What changes
Most employers, landlords, and housing agencies use background check services that pull from the same Oregon court databases. A set aside removes the record from those databases. Most background checks stop surfacing it.
You can legally answer “no” to most questions asking whether you've been convicted of a crime. Notable exceptions include certain licensed professions (nursing, teaching, law, etc.) that require disclosing all criminal history. David advises on profession-specific implications.
Private landlords who run standard background checks will no longer see the record. Government-subsidized housing and some housing authorities may retain access.
The effect on Oregon licensing boards varies by board. Some boards still have access to sealed records. David advises on license-specific implications during the consultation.
In many cases, a felony conviction that is set aside under ORS 137.225 automatically restores your Oregon firearm rights — no separate gun rights petition required. This is one of the most significant and underappreciated effects of a set aside.
Law enforcement retains access. Some federal agencies and certain Oregon licensing boards can still see sealed records. Federal background checks (NICS) are usually updated, but this depends on the conviction type and how the federal database processes the Oregon court order. David discusses the full picture in your consultation.
The Honest Answer
What DIY looks like
Oregon courts allow anyone to file a Motion to Set Aside without an attorney. The Oregon Judicial Department provides forms, and several county DA offices have self-help resources. If you have a single, straightforward dismissed charge with no complications, the DIY route is genuinely viable.
Where it gets complicated — and where David earns his fee
Multiple charges from the same incident may have different eligibility rules. A conviction that looks ineligible under an older reading of the statute may qualify under the 2022 amendments. David has evaluated hundreds of Oregon records and knows where the edge cases are.
The District Attorney's office reviews every motion to set aside. They can object — and when they do, you're in a contested hearing. Having an attorney at that hearing is not optional if you want to win. David knows how Multnomah County and other DA offices approach these objections and how to respond.
A DIY filer often doesn't know that a successful set aside can automatically restore firearm rights under ORS 137.225 — or that a particular conviction type might not trigger that restoration. David evaluates the firearm rights implications in every expungement case.
If you have more than one conviction, each charge is a separate motion. The order in which you file, and whether to file simultaneously or sequentially, can affect outcomes. This is not something most self-help guides address.
If the motion is denied — because of a paperwork error, a missed deadline, or an eligibility mistake — you typically have to wait before refiling. Getting it right the first time matters.
Bottom line:
David's free consultation tells you which category your case falls into. If the DIY route makes sense for your situation, he'll say so.If representation is worth it, he'll tell you exactly why and what it costs.
Under Oregon law, if your felony conviction is successfully set aside under ORS 137.225, your Oregon firearm rights are often automatically restored — no separate petition required. This means the same process that clears your background check results also gives you back your right to own and possess firearms.
Not every case works this way — the type of conviction matters, and federal law adds another layer. But for many Oregonians, the answer to both "How do I clear my record?" and "How do I get my gun rights back?" is the same: one well-handled motion to set aside.
David evaluates both questions together. You may be paying for one process and getting both results.
Process
David reviews your record, confirms which charges qualify and when, calculates the waiting period status, flags any complications (DA objection risk, multi-charge sequencing, gun rights implications), and tells you exactly what to expect. No surprises. If your case qualifies, he quotes a flat fee.
David prepares the full petition and affidavit, coordinates the Oregon State Police fingerprint requirement, submits the required notice to the DA's office, and manages the court filing process for every county where you have charges. You don't need to track down forms, figure out county-specific procedures, or know which DA office gets served.
For contested hearings (where the DA objects), David appears in court and argues on your behalf. For uncontested matters, he manages the process through to the court's final order. When it's done, he confirms the record has been updated in the relevant databases and you know exactly where you stand.
Results
Records cleared. Background checks changed. Lives moved forward.
Drug Conviction — Portland Metro
Client had carried a drug possession conviction for over a decade. After confirming the waiting period had passed and filing the full petition, the court granted the set aside. Standard background checks no longer show the conviction.
Felony Conviction — Willamette Valley
Client's qualifying felony conviction was set aside under ORS 137.225, which automatically restored Oregon firearm rights as part of the same order. No separate gun rights petition was required.
Multiple Arrests — Multnomah County
Client had two dismissed charges that had continued to surface on background checks for years. Both were eligible for immediate set aside. David filed both motions simultaneously. Both were granted. Record now clear.
Frequently Asked
The hard costs for expunging a conviction in Oregon are approximately $265 in court filing fees plus an $80 Oregon State Police fee — roughly $345 out of pocket before attorney fees. For a dismissed charge, the filing fees are lower (approximately $125–$265 depending on the county). David's attorney fee is in addition to these costs; he quotes a flat fee in the free consultation. Some income-qualifying individuals may be eligible for reduced-fee or free expungement through Oregon legal aid clinics — David will point you to those resources if that's a better fit.
Yes — Oregon law does not require an attorney to file a Motion to Set Aside. The Oregon Judicial Department provides self-help forms, and several county DA offices have step-by-step instructions. For a single, straightforward dismissed charge with no complications, DIY is genuinely viable. Where representation earns its cost: multi-charge cases, DA objection risk, complex eligibility questions, cases with gun rights implications, and situations where getting it wrong the first time means waiting years to refile. David's free consultation will tell you which category your case falls into.
Oregon does not allow expungement (set aside) for: Measure 11 offenses (murder, rape, robbery, first-degree assault, sex trafficking, kidnapping); sex offenses requiring registration; most DUIIs (whether convicted or resolved through diversion); most traffic crimes; and Class A felonies in most circumstances. Class A and B person felonies involving firearms or deadly weapons are also generally ineligible. If you're not sure whether your specific conviction qualifies, David evaluates this in the free consultation — eligibility has nuances that self-help guides often miss.
It depends on the charge type. Dismissed or acquitted charges are often eligible immediately. Violations require a 1-year wait after sentence completion. Most misdemeanors require a 3-year wait after all sentence terms are complete (including probation and fines). Class C felonies require a 3–5 year wait. Class B non-person felonies became eligible in 2022 with a 7-year wait. The waiting period clock starts when all sentence conditions — including probation, parole, and fines — are finished, not just when you were released.
In most cases, no. A DUII conviction in Oregon is not eligible for set aside, and neither is a DUII resolved through the diversion program. However, if you were charged with DUII but the case was dismissed (not through diversion — through outright dismissal), or if you were acquitted at trial, you may be eligible for a set aside of the arrest record. David evaluates DUII situations in the free consultation to confirm which path, if any, is available.
The “3 year rule” refers to the standard waiting period for most misdemeanor convictions — you must wait at least 3 years after completing all terms of your sentence before filing a Motion to Set Aside. For Class C felonies, the wait is typically 3–5 years. “Three years” is the most commonly cited number because misdemeanors are the most common type of conviction people seek to expunge. Dismissed charges often have no waiting period.
In most cases, yes. Oregon's set aside process removes the record from the Oregon state court databases that most background check services use. Standard employer and landlord background checks stop returning the conviction. There are exceptions: certain licensed professions (nursing, teaching, law, real estate) require reporting all criminal history to licensing boards regardless of set aside status. Federal background checks (NICS) are typically updated when Oregon reports the set aside, but this depends on conviction type and federal database processing. David discusses all of this during the consultation.
Take the First Step
Oregon law gives many people a path to clear their records and move forward. The only way to know if that path is open for you is to talk to David — and that conversation is free, confidential, and comes with no obligation.
Call directly: (503) 208-2950