Oregon Record Set-Aside Lawyer — Medford & Southern Oregon

Oregon uses "set aside" — not "expungement"

People commonly call this process "expungement," but Oregon law uses a different term. Under ORS 137.225, the court can set aside a qualifying conviction or arrest — meaning the record is sealed and removed from most public background checks. The record is not physically destroyed or erased; law enforcement agencies and certain licensing boards retain access. Understanding this distinction matters when you are applying for housing, employment, or a professional license and need to know what a background check will and will not show.

Who is eligible?

Eligibility depends on the specific offense. Oregon law makes many misdemeanors and some felony convictions eligible for set-aside after a waiting period — typically three years for misdemeanors and five or more years for felonies, measured from the later of the judgment date or your release from supervision. Arrests that did not result in conviction may be eligible sooner. You also must not have been convicted of another crime during the waiting period.

Some offenses are categorically ineligible, regardless of how much time has passed. These include:

• Serious person felonies subject to Measure 11 mandatory minimums
• Sex offenses that require registration on the sex offender registry
• Most traffic offenses (including DUII convictions)
• Certain other offenses specified by statute

Because eligibility turns on the exact charge, the disposition, and when the sentence ended, a free evaluation with us is the most reliable way to know where you stand.

What a set-aside can restore

For eligible convictions, a set-aside can meaningfully open doors that a criminal record had closed — including access to rental housing, employment opportunities, and certain professional licenses. For some qualifying offenses, Oregon law also permits restoration of firearm rights, though federal law is separate and must be evaluated on its own terms. A set-aside does not automatically reinstate a suspended driver's license, and some federal consequences remain regardless of the state court order.

The practical benefits vary by offense and by what you are trying to do. We will tell you honestly what a set-aside will and will not accomplish in your situation.

How the process works

We begin with a review of your record to confirm eligibility and identify the right court and timing. We then file a petition in the court where the conviction occurred. The district attorney has an opportunity to object and request a hearing; if there is no objection, many petitions are granted on a short hearing or by the court on its own. If the petition is granted, the court issues a set-aside order and distributes it to the Oregon State Police and other agencies, which are required to seal the record. The full process typically takes several months from filing to confirmed entry of the order.

We handle the petition, any hearing, and confirmation that the order has been entered and distributed — so you do not have to navigate the courthouse on your own.

Our background in Oregon courts

Rogue Defender's principal attorney served as a Senior Deputy Defender with the Oregon Public Defense Commission (OPDC) in Jackson County before founding this firm. We appear regularly in Jackson County Circuit Court (Medford), Josephine County Circuit Court (Grants Pass), Klamath County Circuit Court (Klamath Falls), and can handle set-aside petitions throughout Oregon.

What is the difference between "expungement" and a "set-aside" in Oregon?

Oregon law does not use the word "expungement." The correct legal term is "set aside" under ORS 137.225. When a court grants a set-aside, the conviction or arrest record is sealed — it is removed from the public record and most background checks. The record is not physically destroyed; law enforcement agencies and certain licensing boards may still access it. Most people call this process expungement, but understanding the actual legal effect matters when you are applying for housing, jobs, or professional licenses.

Who is eligible for a record set-aside in Oregon?

Eligibility depends on the specific offense. Under ORS 137.225, many misdemeanors and some felony convictions are eligible after a waiting period — typically three years for misdemeanors and five to ten years for felonies, measured from the later of the judgment date or release from supervision. Arrests that did not result in conviction may be eligible sooner. Certain offenses are categorically ineligible regardless of how much time has passed: serious person felonies (including Measure 11 crimes), sex offenses requiring registration, most traffic offenses, and others. Eligibility also requires that you have not been convicted of another crime during the waiting period.

What are the benefits of getting an Oregon record set aside?

A set-aside removes a conviction or arrest from public criminal background checks, which can improve access to housing, employment, and professional licensing. For some eligible convictions, a set-aside may also restore firearm rights under Oregon law — though federal law is separate and must be evaluated independently. It does not automatically restore a driver's license or clear all federal consequences, and some licensing boards can still see sealed records. The practical benefits depend heavily on your specific offense and circumstances.

How does the record set-aside process work in Oregon?

The process begins with a petition filed in the court where the conviction occurred. The court sets a hearing date, and the district attorney has an opportunity to object. If the petition is granted, the court sends a set-aside order to the Oregon State Police and other agencies, which are required to seal the record. The process typically takes several months from filing to order entry. We handle the petition, any hearing, and confirmation that the order has been entered and distributed.