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) or apply for a Certificate of Good Standing. Please read the descriptions below to find out which one pertains to your situation.

Certificate of Good Standing

General Information

In 2017, the Oregon Legislative Assembly enrolled Senate Bill 690 which allows for a person convicted of a crime to petition for a Certificate of Good Standing.

For any questions regarding guidelines and eligibility, please contact an attorney. Forms are available on our statewide website:

Certificate of Good Standing Forms

Setting Aside an Arrest, Dismissal and/or Conviction

Forms

If you were:

Arrested, but no charges were ever filed with the Court. (If you are not sure, you can look for any cases filed in the court.)
Setting Aside an Arrest or Conviction Packet A
Charges were filed in Court, but they were dismissed or you were found not guilty (acquitted). No convictions resulted from the proceedings.
Setting Aside an Arrest or Conviction Packet B
Charges were filed in Court and you were convicted of a crime.
Setting Aside an Arrest or Conviction Packet C

A fee is required when filing Conviction Packet C.

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.

What Types of Convictions can be Set Aside?

Generally, misdemeanors, class C felonies, and some class B felonies can be set aside. There are exceptions that include child abuse charges and sex offenses. If you are not sure if your conviction qualifies you may contact an attorney or review ORS 137.225.

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.

Can I Set Aside a Traffic Ticket or DUII?

Traffic tickets and DUIIs cannot be set aside under ORS 137.225. Even if you completed a diversion program and your traffic ticket or DUII was dismissed it still cannot be set aside.

When Can I File my Set Aside Paperwork?

If you were arrested but the District Attorney's Office did not charge your case due to insufficient evidence you can file for a set aside at any time.

If you were arrested but the District Attorney's Office did not charge your case due to pending investigation you must wait one year.

If you were acquitted of a crime or your case was dismissed (including dismissals through diversions, except for DUII) you may file for a set aside at any time.

If you were convicted you must wait three years from the date of your judgment as long as:

All terms of your judgment were completed, including fines.
You have not been arrested within the three years and you have no pending criminal cses.
You have no other convictions within the last ten years.
You have not had any other convictions set aside in the last ten years.

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.

How Long Does the Process Take?

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