Oregon Expungement Eligibility by Conviction Type
Not every Oregon conviction can be expunged. Eligibility depends on the class of offense, the type of crime, and how long ago you completed your sentence. This table covers every major category under ORS 137.225.
Expungement Eligibility Table
| Conviction Class | Eligible? | Waiting Period | ORS Reference | Notes |
|---|---|---|---|---|
| Class A Misdemeanor | Yes | 3 years | ORS 137.225(1)(a) | From sentence completion including probation |
| Class B Misdemeanor | Yes | 3 years | ORS 137.225(1)(a) | From sentence completion including probation |
| Class C Misdemeanor | Yes | 1 year | ORS 137.225(1)(a) | From sentence completion |
| Violation | Yes | 1 year | ORS 137.225(1)(a) | From conviction date |
| Class C Felony | Yes | 5 years | ORS 137.225(1)(a) | From sentence completion; must not be a person crime |
| Class B Felony (non-person) | Limited | 7 years | ORS 137.225(1)(a) | Only non-person felonies; very limited eligibility |
| Class B Felony (person crime) | No | N/A | ORS 137.225(6) | Person felonies are excluded |
| Class A Felony | No | N/A | ORS 137.225(6) | Never eligible |
| Marijuana Offenses | Yes* | Varies | ORS 137.226 | Special rules for pre-legalization offenses |
| DUII | No | N/A | ORS 137.225(6)(a) | Specifically excluded by statute |
| Sex Offenses (registerable) | No | N/A | ORS 137.225(6)(a) | Offenses requiring sex offender registration |
| Traffic Crimes | No | N/A | ORS 137.225(6)(f) | Offenses classified as traffic crimes |
| Dismissed Charges | Yes | None | ORS 137.225(1)(b) | No waiting period; file immediately |
| Acquittals | Yes | None | ORS 137.225(1)(b) | No waiting period; file immediately |
| Arrest (no charges filed) | Yes | None | ORS 137.225(1)(c) | No waiting period; file immediately |
| Juvenile Offenses | Yes | Varies | ORS 419A.262 | Separate process from adult expungement |
Misdemeanor Expungement in Oregon
All three classes of misdemeanors (A, B, and C) are eligible for expungement in Oregon. Class A and B misdemeanors require a 3-year waiting period from the date you completed your sentence, including probation. Class C misdemeanors have a shorter 1-year waiting period.
Common misdemeanors that can be expunged include theft, criminal mischief, disorderly conduct, harassment, criminal trespass, and drug possession charges. The exception is misdemeanor DUII, which is specifically excluded regardless of classification.
Felony Expungement in Oregon
Class C felonies are the most commonly expunged felony class in Oregon, with a 5-year waiting period. Examples include theft in the first degree, forgery, identity theft, and certain drug delivery charges. The felony must not be classified as a “person crime” under Oregon sentencing guidelines.
Class B non-person felonies have very limited eligibility with a 20-year waiting period. Class A felonies are never eligible. Person felonies of any class (crimes against people such as assault, robbery, and kidnapping) are excluded from expungement.
Arrests, Dismissals, and Acquittals
Oregon allows you to expunge arrest records even if no charges were filed, charges were dismissed, or you were found not guilty. There is no waiting period — you can file as soon as the case is resolved.
This is important because arrest records can show up on background checks even when there was no conviction. Filing a motion to set aside ensures the arrest does not continue to affect employment, housing, or other background check situations.
Marijuana Conviction Expungement
After Oregon legalized recreational marijuana, the legislature passed ORS 137.226 to allow expungement of marijuana convictions that would now be legal or carry lesser penalties. This includes possession, manufacture, and delivery charges for amounts that are now legal under Oregon law.
Even marijuana offenses that were felonies at the time of conviction may qualify for set-aside under these special provisions. The standard waiting periods still apply based on the original conviction class.
Common Questions About Oregon Expungement Eligibility
Can a Class A misdemeanor be expunged in Oregon?
Yes. Class A misdemeanors are eligible for expungement in Oregon after a 3-year waiting period from when you completed your sentence, including probation. Common Class A misdemeanors include theft in the third degree, criminal mischief, and harassment.
Can a felony be expunged in Oregon?
It depends on the class. Class C felonies are eligible after a 5-year waiting period. Class B felonies have very limited eligibility — only non-person Class B felonies may qualify, and the waiting period is 7 years. Class A felonies are never eligible for expungement in Oregon.
Can a DUII be expunged in Oregon?
No. DUII (Driving Under the Influence of Intoxicants) convictions under ORS 813.010 are specifically excluded from expungement in Oregon. This applies to both misdemeanor and felony DUII convictions.
Can a sex offense be expunged in Oregon?
Generally no. Sex offenses that require registration under ORS 163A are not eligible for expungement. This includes offenses like sexual abuse, rape, sodomy, and other offenses requiring sex offender registration.
Can a marijuana conviction be expunged in Oregon?
Yes, in many cases. Under ORS 137.226, marijuana offenses that occurred before Oregon legalized recreational marijuana may be eligible for set-aside, even if they would otherwise be ineligible. This includes possession, manufacture, and delivery charges for marijuana.
Can a dismissed case be expunged in Oregon?
Yes. If charges were dismissed or you were acquitted, you can petition to have the arrest record set aside. There is no waiting period for dismissed or acquitted cases — you can file immediately.
Can I expunge multiple convictions in Oregon?
Yes, but each case requires a separate motion filed with the court in the county where the case was heard. All convictions in a single case can be addressed in one motion if they are all eligible.
What is the waiting period for a Class C felony in Oregon?
The waiting period for a Class C felony in Oregon is 5 years from the date you completed your sentence, including any probation or post-prison supervision. You must also have paid all fines and restitution.
Can a violation be expunged in Oregon?
Yes. Violations (non-criminal offenses) are eligible for expungement after a 1-year waiting period from the date of conviction. This includes many minor offenses that do not carry jail time.
Can juvenile offenses be expunged in Oregon?
Yes. Juvenile offenses have their own expungement process under ORS 419A.262. Most juvenile records can be expunged once the person turns 18, though the process and waiting periods differ from adult expungement.
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