An official website of the State of Oregon Learn How you know » (how to identify a Oregon.gov website) An official website of the State of Oregon »
You are here:
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.
How Long Does the Process Take?
The process can take anywhere from three to nine months to complete.
What Types of Convictions can be Set Aside?
You can file a Motion with the court to ask for a set-aside if you were:
AND
When Can I File my Set Aside Paperwork?
Waiting periods for ARRESTS, CHARGES, or CITATIONS that are not pursued:
*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:
Can I Set Aside a DUII?
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.
How Do I Know when my Record has been 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.
What is a Set Aside?
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.
Forms
Criminal or Arrest Record Set Aside
Where Should I File my Set Aside Paperwork?
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.
A .gov website belongs to an official government organization in the United States.
A lock icon ( ) or https:// means you’ve safely connected to the .gov website.
Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites. Learn how
×