Oregon expungement set-aside: how ORS 137.225 works after the substantial SB 397 reform

Oregon's record relief framework under ORS 137.225 provides "set-aside" of criminal convictions and arrest records, a powerful but procedurally specific framework that the Oregon legislature reformed through Senate Bill 397 effective January 1, 2022. Oregon courts have repeatedly held that a set-aside is not a true expungement, the State v. Langan, 301 Or. 1, 718 P.2d 719, 722 n.3 (1986) decision explicitly characterized "expungement" as a "misnomer" because the set-aside order "is not designed to 'rewrite history' and deny the occurrence of an event but to limit the purposes for which official records may be used to exhume that past event." Despite this technical distinction, the practical effect of an Oregon set-aside is records are removed from Computerized Criminal History (CCH), the person can legally represent to prospective employers that they have not been convicted of the crime, and restoration of legal rights including firearms rights under state law (per the 2025 Mohiadeen v. Washington County Sheriff's Office, 338 Or. App. 29 decision).

The Senate Bill 397 reforms were consumer-friendly. The pre-2022 framework required all set-aside applicants to wait 3 years for any offense AND have no other convictions (other than motor vehicle offenses) in the 10-year period preceding application. Class B felonies required a 20-year waiting period with no prior record. The 2022 reform replaced this structure with a graduated waiting period system based on offense classification: 7 years for Class B non-person felonies, 5 years for Class C felonies, 3 years for Class A misdemeanors, 1 year for Class B/C misdemeanors and violations. The reform also eliminated the prior-conviction lookback for most offenses, eliminated court filing fees (saving petitioners $281+ per case), eliminated the requirement that financial obligations be paid before filing, and allowed multiple convictions in the same case to be cleared together (replacing the unit rule that previously blocked many cases).

The most expansion was the inclusion of Class B non-person felonies in the framework. Before SB 397, Class B felonies couldn't be set aside until 20 years had elapsed AND only if there had been no other arrest or conviction in that time. The 20-year wait combined with the no-other-conviction requirement made this category inaccessible. SB 397 reduced the wait to 7 years and eliminated the no-prior-conviction requirement, making categories of drug offenses (Manufacture or Delivery of a Controlled Substance, Aggravated Identity Theft) eligible for set-aside. This change affects numbers of Oregonians whose Class B drug felony convictions had previously created permanent records limiting employment and other opportunities.

This is how the Oregon set-aside framework actually works after SB 397, the substantive eligibility requirements by offense class, the procedural requirements through the circuit court system, the firearms rights restoration framework after Mohiadeen, and the strategic considerations for Oregon residents seeking record relief.

What is the difference between an Oregon set-aside and true expungement?

An Oregon set-aside under ORS 137.225 removes conviction records from the Computerized Criminal History and lets the person legally deny the conviction to employers, but it does not destroy records. Law enforcement retains access, and records remain usable for subsequent prosecutions. The Oregon Supreme Court in State v. Langan called "expungement" a misnomer.

"Set-aside", Oregon's term for record relief:

• Records removed from Computerized Criminal History (CCH)

• Limited public access to records

• Person can legally state no conviction

• Still exist in some form

• Accessible for specific legal purposes (subsequent prosecutions, etc.)

1, 718 P.2d 719 (1986)](https://oregon.public.law/cases):

• Set-aside doesn't "rewrite history"

• Limits purposes records can be used

• Background checks no longer show conviction

• Per Bahr v. Oregon Employment Division, 87 Or. App. 251 (1987): "to enhance employment and other opportunities for such formerly convicted persons"

What did Oregon SB 397 change about set-aside eligibility?

SB 397 (effective January 1, 2022) overhauled Oregon's set-aside framework by replacing flat waiting periods with a graduated system: 7 years for Class B non-person felonies, 5 years for Class C felonies, 3 years for Class A misdemeanors, and 1 year for lower misdemeanors and violations. It also eliminated court filing fees, prior-conviction lookbacks, and the requirement to pay financial obligations before filing.

Waiting periods by offense class

"Eligible as described in paragraph (b)" requirements per §137.225(1)(b):

elimination of prior conviction lookback

• Previously blocked by single prior conviction
• Now eligible after waiting period

Class B drug felonies, reform

• Most substantial category of Class B felony convictions
• SB 397 expanded relief framework

Multiple convictions in same case

• Required payment of all financial obligations before filing
• Barrier for low-income applicants

How does Oregon handle non-conviction record set-aside?

Oregon allows set-aside of non-conviction records under ORS 137.225. If no charges were filed, a person may petition 60 days after arrest or the prosecutor's declination. Acquittals and dismissals qualify for immediate set-aside with no waiting period. SB 397 reduced these timelines substantially from the prior framework.

ORS 137.225 also addresses non-conviction records:

Per §137.225(1)(c):

60-day waiting period (reduced from 1 year by SB 397):

• 60 days from date of arrest
• 60 days from when prosecutor declines case
• Substantial reduction from pre-2022 framework

Per §137.225(1)(d):

"At any time" after acquittal or dismissal (post-SB 397):

• No 3-year arrest-free requirement
• No 10-year conviction-free requirement

Per §137.225(1)(a) (amended by SB 397):

What convictions are excluded from Oregon set-aside?

Oregon categorically excludes certain offenses from set-aside under ORS 137.225(6). Murder, manslaughter, aggravated assault, and other enumerated violent crimes are ineligible. Most sex offenses, DUI convictions, traffic offenses, Class A felonies (with limited marijuana exceptions), and federal or out-of-state convictions also cannot be set aside through ORS 137.225.

Per §137.225(6)(a) through (f) and related provisions:

• Class C felony sex crimes with specific exceptions
• Registered sex offenders ineligible until registration discharged

Does an Oregon set-aside restore firearms rights?

The 2025 Oregon Court of Appeals decision in Mohiadeen v. Washington County Sheriff's Office (338 Or. App. 29) held that a successful ORS 137.225 set-aside restores the right to possess firearms and apply for a concealed carry permit under state law. Federal firearms restrictions, however, may still apply independently.

Mohiadeen v. Washington County Sheriff's Office (2025)

Mohiadeen v. Washington County Sheriff's Office, 338 Or. App. 29 (2025) clarified issue:

Holding: Successful ORS 137.225 set-aside restores firearm rights under state law.

• ORS 166.291(2) refers to records "expunged under the laws of this state"

• An "expungement" under Oregon law = ORS 137.225 motion

• Set-aside restores right to apply for concealed carry permit

• By extension, restores right to possess firearms under state law

• Person with set-aside cannot be charged with felon in possession under ORS 166.270 (under Oregon state law)

• Restoration of Second Amendment rights

• Federal firearms restrictions may still apply

• Federal background check (NICS) may still flag convictions

• Oregon State Police implementation may vary

• Counsel needed for complex situations

What are the procedural requirements for an Oregon set-aside?

To pursue an Oregon set-aside, the petitioner files a motion in the circuit court where the conviction was entered, along with an affidavit, proposed order, fingerprint card, and $80 Oregon State Police fingerprint fee. The District Attorney has 120 days to object, and processing typically takes 4 to 6 months total.

Motion filed in court where conviction was entered. Per §137.225(1)(a):

• Motion to Set Aside Conviction
• Proposed Order (template available from state)
• Request for Set Aside Criminal Record Check form

District Attorney service. Per §137.225(4):

• Copy of motion served on DA

• DA has 120 days to object

• DA notifies victim of motion

• DA notifies victim of any hearing date

3. OSP background check (typically 4-8 weeks)
4. Hearing if DA objects (60-90 days from filing)

Substantive effect after grant

• Specific legal purposes (subsequent prosecutions)

• Private background check companies may have records (requires separate removal)

• Federal databases may retain records

• Private companies may have records

• Follow-up after court order

Does Oregon automatically expunge juvenile records?

Oregon provides automatic expungement for most juvenile offenses through a framework separate from the adult set-aside process under ORS 137.225. Automatic juvenile expungement applies to non-serious offenses but excludes serious violent and sexual offenses. This process runs independently without requiring the juvenile to file a petition.

• Automatic expungement for most juvenile offenses
• Limited to non-serious violent or sexual offenses
• Different from adult set-aside framework

Can an Oregon governor's pardon be used instead of a set-aside?

A governor's pardon in Oregon serves as an alternative remedy primarily for convictions not eligible for set-aside under ORS 137.225. The governor's clemency guidance generally limits pardons to cases outside set-aside eligibility. Under SB 388 (2019), pardons automatically seal associated records, providing relief for offenses that the statutory set-aside framework does not cover.

• For offenses not eligible for set-aside
• For cases needing executive review

How does Oregon's set-aside compare to other states' expungement laws?

Oregon's set-aside framework is distinctive for its graduated waiting periods (1 to 7 years post-SB 397), elimination of court filing fees, inclusion of Class B drug felonies at 7 years, and the Mohiadeen decision confirming firearms rights restoration. Compared to neighboring states, Oregon offers some of the most aggressive waiting period reductions enacted in recent reform cycles.

• "Set-aside" terminology rather than "expungement"
• Per Langan, technically not true expungement
• Graduated waiting periods by offense class (1-7 years post-SB 397)
• Class B drug felonies now eligible reform)
• Court filing fees eliminated by SB 397
• Financial obligations not required before filing
• Multiple convictions in same case can be cleared together
• Mohiadeen (2025) confirms firearms rights restoration
• 60-day waiting period for no-charges-filed cases
• $80 OSP fingerprint fee remains
• Procedural protections through DA review

What should Oregon residents know before filing for set-aside?

Oregon residents should first identify their offense class to determine the correct waiting period (1 to 7 years), confirm they are not in a categorically excluded group (DUI, sex offenses, specified violent crimes), gather sentence completion documentation, and budget for the $80 OSP fingerprint fee. SB 397 eliminated court filing fees and prior-conviction lookback requirements for most offenses.

Identify your applicable offense class. Oregon's graduated framework:

• Class B non-person felony: 7 years
• Class C felony: 5 years
• Class A misdemeanor: 3 years
• Class B/C misdemeanor: 1 year

Determine which class applies to your specific conviction.

Take advantage of SB 397's reforms. Recent expansion:

• No prior conviction lookback for most offenses
• Multiple convictions in same case cleared together
• Financial obligations not required to be paid before filing

Address Class B drug felonies aggressively. SB 397 reform:

• Mfg/Delivery CDS: 7-year wait (was 20+)

• Aggravated Identity Theft: 7-year wait

• New convictions extend waiting period

• Impact on multi-year compliance

• 60-day wait for no-charges-filed cases (down from 1 year)

• Immediate eligibility for acquittals/dismissals

Use Oregon Judicial Department resources. Oregon Judicial Department provides:

Engage Oregon counsel when DA opposes. If DA objects:

• Not required to be paid before filing
• But may affect case outcome

Plan for the $80 OSP fingerprint fee. cost:

• Not waivable in most cases

• Pay by check to OSP

• State law firearms rights restored (concealed carry, possession)

• Federal law restrictions may still apply

• Counsel involvement valuable for complex situations

• Categorically excluded from set-aside

• Even first-offense DUI permanent

• Pursue other expungement pathways while accepting DUI remains

Address federal/out-of-state convictions separately. - ORS 137.225 doesn't apply

• Original state's expungement law

Coordinate with employment and housing planning. Set-aside substantially improves:

Address federal background check implications. Oregon state-level set-aside doesn't directly affect:

The framework includes some federal coordination, but federal effects may still be limited.

Watch for related tax debt situations. Persons with criminal records affecting employment may face related tax debt issues. Comprehensive financial planning should address both record relief and tax debt resolution where applicable.

• Oregon State Police records (most important)
• Private background check companies (separate removal)
• Federal database coordination (where applicable)

For Oregon residents whose criminal records affect current opportunities, the framework provides expanded relief after SB 397 (effective January 1, 2022), reductions in waiting periods (especially Class B felony reductions from 20 years to 7 years), elimination of court filing fees, removal of prior conviction lookbacks, allowance for multiple convictions in the same case to be cleared together, and procedural improvements throughout the framework. The 2025 Mohiadeen v. Washington County Sheriff's Office decision provides clarity that set-asides restore firearm rights under Oregon state law, completing a restoration framework. The categorical exclusions (DUI, traffic offenses, federal/out-of-state convictions, specified violent crimes, sex offenses with limited exceptions) limit availability, but for the substantial population of Oregonians with eligible offense profiles, particularly the Class B drug felony population now eligible at 7 years rather than 20, the framework provides meaningful relief. The work for Oregon residents is in identifying applicable offense class, calculating the appropriate waiting period from sentence completion, taking advantage of the post-SB 397 reforms (no prior conviction lookback, no filing fees, no required financial obligation completion before filing), filing motion in court of conviction with required supporting documents and $80 OSP fingerprint fee, navigating any District Attorney opposition through counsel and court hearing under §137.225(4), and pursuing private background check removal separately after court order. For most Oregon residents with eligible offense histories, the framework provides meaningful relief that addresses practical consequences of past convictions on employment, housing, professional licensing, and firearms rights through the substantially-expanded post-SB 397 procedural framework and the Mohiadeen firearms rights restoration framework.