An eligible adult conviction can be set aside after three years, but there are exceptions. The first exception is that a set aside or expungement cannot happen if a person is currently charged with a crime or still on probation. Second, there can have been no other convictions in the last ten years. Even convictions in the same case result in a ten year wait. If there is a past conviction, a newer conviction can be set aside once it is the only one in the last ten years. Convictions that have been set aside are considered in the time calculation. So, the older conviction cannot be set aside until ten years have passed since the newer one.

Adult arrests that do not result in a conviction can be set aside as well. Cases dismissed with prejudice and cases won after trial or deferred prosecution (except DUII diversion) are eligible to be set aside immediately. Arrests that are never prosecuted are generally eligible after one year.

The set aside statute, ORS 137.225, is not easy to understand. Even the rules described here have further exceptions. To truly understand your situation, talk to an experienced rights restoration attorney. During a free consultation, we can usually tell a person if and when they are eligible for expungement or set aside, as well as the cost.