Criminal Set Aside (Expungement)

The Set Asides Unit handles requests to seal criminal records. This process is only for criminal offenses.

A motion to set aside (also called expungement or expunction) is a legal way to seal the record of an arrest or conviction. If the court approves your motion, the official court records are sealed. Other agencies are also told to seal their records.

Not all crimes can be expunged. Eligibility depends on the type and severity of the crime, a required waiting period after your sentence, and the completion of all legal obligations such as probation, fines, and restitution. The full rules are listed in Oregon Revised Statute 137.225.

In 2022, changes to Oregon law caused a large increase in set aside filings—about four times more than before. Because laws and rules keep changing, we expect these numbers to keep growing over the next few years.

This page gives general information about the set aside process. It does not give legal advice. Court staff cannot help you fill out forms or tell you what to say. If you need help, please talk to a lawyer.

If you have questions about criminal set asides, email us at Mul.Set.Asides@ojd.state.or.us. Please include your name and case number in the email.

Process

This is a short summary of the set aside process. It is meant to give general information, not legal advice.

Determine Your Eligibility

Before you start, make sure your arrest(s) and/or conviction(s) can be set aside under Oregon law. Carefully read the OJD Statewide Form and Instructions for Criminal Set Asides.

Fill Out the Form

Once you know you’re eligible, complete the Motion to Set Aside with the Declaration of Eligibility. This form asks you to list all arrests and convictions you want sealed.

File and Serve the Form

File your completed form with the Multnomah Circuit Court and serve a copy on the Multnomah County District Attorney’s Office.

Submit Fingerprints to Oregon State Police

Send a fingerprint card to the Oregon State Police (OSP). If you are asking to set aside a conviction, you also need a background check. Use the OSP Request Form and Instructions. The fee is $33, and you must include a check or money order.

Wait for Review

After you file, the District Attorney’s Office will review your motion. How long this takes depends on the details of your case. If the District Attorney objects to your Motion to Set Aside, a court date will be scheduled, and you will receive a notice to appear for a hearing.

If the District Attorney does not object to your Motion to Set Aside, they will notify the court. Next, the court will prepare an order for a judge to review. If the judge agrees and signs the order, your arrest(s) and/or conviction(s) will be sealed from public view. Other partner agencies will also be ordered to seal your record. A certified copy of the Order to Set Aside will be mailed to you or your representative.

Forms

OJD Statewide Form and Instructions for Criminal Set Asides

Oregon State Police – Request Form and Instructions

Quick Links

Multnomah Circuit Court - Court Records
Oregon Judicial Department Free Online Records Search
Multnomah County District Attorney's Office - Criminal Record Expunction
Oregon State Police - Set Aside (Expungement) Information
Oregon State Bar - Lawyer Referral Service

FAQ

Q: Do I need a lawyer?

A: You are not required to have a lawyer, but court staff cannot give you legal advice or help you fill out forms. If you need help, it’s best to consult an attorney.

Q: What if I don’t know my case number?

A: If you don’t know your case number, use the online case number search tool. If you still can’t find it, contact the Records Department for a case search before filing. Failure to include your case number in your filing may cause processing delays.

Q: Do I need to list all arrests and convictions in one filing?

A: Yes, include all arrests and convictions you want sealed in your filing.

Q: How do I update my mailing address?

A: Email your new address to Mul.Set.Asides@ojd.state.or.us.

Q: How do I get a copy of my signed Set Aside Order?

A: Contact Set Asides at Mul.Set.Asides@ojd.state.or.us for copies of signed orders.

Q: How long does it take for partner agencies to seal my record? What if my record still shows up?

A: We can’t give you an exact timeline for when partner agencies will seal your record. For more details, contact the Oregon State Police (OSP), as they manage Oregon’s criminal records database. Visit OSP’s website for contact information.

Q: Can I set aside Small Claims or FED (eviction) cases?

A: Yes, but the process is different. Contact the Small Claims department or visit Eviction Set Asides for more information.

Q: Can juvenile records be set aside?

A: Yes, but the process is different. Contact the Juvenile Court or visit the Department of Community Justice for more information.