It takes four to six months after the paperwork is filed to set aside or expunge most convictions in Oregon. Some counties are faster than others. Once the court paperwork is filed, it triggers a process to make sure the applicant is eligible for the expungements requested. The majority of the time is spent waiting on a nation-wide, comprehensive background conducted by the Oregon State Police.
Once the background check is complete, the District Attorney reviews the complete file and provides a position of support or opposition. If the District Attorney does not oppose our motion, the expungement is generally granted without a hearing.
There is usually no guesswork about eligibility if you and your attorney properly investigated your case. Our goal with your initial consultation and our background investigation is to be confident about your eligibility. We do our best to catch issues before your time or money are wasted. By doing this work upfront, our clients almost never end up in a hearing for their expungement.
Marijuana cases will soon have their own expedited process that features automatic eligibility with no waiting period, no background check requirement, and no filing fee. Beginning January 1, 2020, under Senate Bill 420, Oregon State Police are not required to complete a background check. The District Attorney will have only thirty days to respond to a motion asking to set aside a marijuana-related conviction. We are hoping the process after application will be as short as one to two months before a signed order is granted.