How Long do I have to Wait to Expunge or Set Aside a Conviction in Oregon?
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.
How Long Does it take to Set Aside or Expunge a Conviction in Oregon?
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.