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Setting Aside an Arrest, Dismissal and/or Conviction

If you were arrested, convicted of a crime or the charges were dismissed in Marion County, you may be eligible to set aside the record (commonly referred to as an expungement). Please read the descriptions below to find out if your case qualifies.

Setting Aside an Arrest, Dismissal and/or Conviction

​The process can take anywhere from three to nine months to complete.

You can file a Motion with the court to ask for a set-aside if you were:

  • convicted of a crime or violation
  • found guilty except for insanity
  • charged with a crime or cited for a violation
  • arrested but not charged or found in contempt of court ​​ 

AND

  • you have fully complied with and completed all elements of your sentence including restitution, post-prison supervision, and probation
  • you have not been charged with or convicted of another crime (other than a motor vehicle violation) or found guilty except for insanity of any crime or for more than one violation for the years before filing your motion as listed below
  • you do not have any charges pending at the time of filing and no other exception applies

Waiting periods for ARRESTS, CHARGES, or CITATIONS that are not pursued: 

  • Anytime after 60 days from the date the prosecuting attorney indicates that the state will not proceed with prosecution or contempt charge.
    • Arrests and charges for Driving Under the Influence of Intoxicants (DUII) are not eligible for set-aside if charges are not pursued because you completed a diversion agreement.
​Waiting periods for ACQUITTALS or DISMISSED CHARGES: 
  • Anytime after the acquittal or dismissal.
    • ​Arrests and charges for Driving Under the Influence of Intoxicants (DUII) are not eligible for set-aside if charges are not pursued because you completed a diversion agreement.
​Waiting periods for CONVICTIONS* or FINDINGS OF GUILTY EXCEPT FOR INSANITY**:
  • ​Class B Felony - 7 Years
  • Class C Felony - 5 Years
  • Class A Misdemeanor - 3 Years
  • Class B or C Misdemeanor, Violation or finding of contempt of court - 1 Year

*You cannot have been charged with or convicted of a crime other than a motor vehicle violation or found guilty except for insanity during the above waiting periods.
**For findings of Guilty Except for Insanity (GEI), the above timelines apply from the date of the finding, entry of judgment, or release from the jurisdiction of the Psychiatric Security Review Board (PSRB), whichever is later. If you were found GEI you remain prohibited from possessing or purchasing a firearm under federal law even if you are granted a set-aside.

 

Probation Revocation:

  • If your sentence of probation was revoked, you cannot ask for a set-aside until 3 years after the date of revocation or until you are otherwise eligible under the timelines above, whichever is later

DUIIs cannot be set aside under ORS 137.225. Even if you completed a diversion program and your DUII was dismissed it still cannot be set aside. ​

​If the District Attorney does not object the judge will sign an order and your record is set aside and a certified copy of the order is mailed to you at the address you provided to the court. The order is also sent to the arresting agencies that would have records related to the set aside so that they may also seal their records.

If the District Attorney does object then you will be scheduled for a hearing in front of the judge.

​The Oregon Statute (law) concerning this process is ORS 137.225. You may have heard the words "expungment" or "sealing your record". These only apply to criminal records, and this process would not apply to any type of civil case.

​You may file your set aside paperwork with the Marion County Circuit Court only if your arrest/charges were within the jurisdiction of the Marion County District Attorney's Office. If you were charged in another county, or went to another court, such as Salem Municipal Court or East Marion Justice Court, you must file your paperwork with that court.