Expungement / Record Sealing Petition and Eligibility Memo — Oregon

Expungement / Record Sealing Petition and Eligibility Memo (OREGON)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [LAW FIRM]
RE: Eligibility to Set Aside Conviction or Arrest under ORS 137.225 / 137.226
DATE: [__/__/____]

1. Executive Summary

Oregon's set-aside statute, ORS 137.225, is the principal route for expunging adult criminal convictions and records of arrests. SB 397 (2021), effective January 1, 2022, substantially shortened waiting periods and broadened eligibility. Relief is petition-based: the movant files a motion in the court of conviction, serves the District Attorney, pays the filing fee and Oregon State Police background-check fee, and (if the DA objects) attends a hearing. Even where statutory eligibility is met, the court retains discretion to deny relief if "the circumstances and behavior of the movant from the date of conviction" do not warrant set-aside.

Based on the facts provided, [PETITIONER NAME] is [ELIGIBLE / NOT YET ELIGIBLE / INELIGIBLE] under ORS § [137.225 / 137.226], for the reasons stated below.

2. Petitioner Information

3. Waiting-Period Analysis (ORS 137.225(1), as amended by SB 397)

4. Subsequent-Conviction Bar (ORS 137.225(7)(a))

5. Categorical Exclusions (ORS 137.225(6))

If any category above applies, petitioner is categorically ineligible regardless of waiting-period satisfaction.

6. Discretionary Factors (ORS 137.225(3))

The court must consider whether "the circumstances and behavior of the movant from the date of conviction" warrant setting aside. Counsel should marshal:

• Employment and education history since conviction
• Family and community responsibilities
• Counseling, treatment, or rehabilitation completed
• Letters of reference (employers, clergy, community leaders)
• Absence of further criminal involvement
• Hardship caused by the record (employment, housing, licensing)

7. Recommendation

[Based on the analysis above, recommend filing under ORS § [____] on or after [__/__/____]; identify any cure steps (restitution payoff, waiting-period completion, OSP background-check submission) that must precede filing.]

Part B — Motion / Petition Template

In the Circuit Court of the State of Oregon for [COUNTY] County
Case No.: [________________]

MOTION TO SET ASIDE CONVICTION [OR RECORD OF ARREST] PURSUANT TO ORS 137.225

Movant [PETITIONER NAME], by and through undersigned counsel, moves this Court for an order setting aside the conviction and sealing the record of the offense identified below, pursuant to ORS 137.225 [or ORS 137.226 / ORS 137.223]. In support, Movant states:

I. Movant Information

1. Movant's full legal name is [PETITIONER NAME].
2. Movant's date of birth is [__/__/____].
3. Movant's current address is [________________________________].

II. Offense Sought to Be Set Aside

4. On [__/__/____], in this Court, Movant was [convicted of / charged with / arrested for] [OFFENSE NAME], in violation of ORS § [________], a [Class B felony / Class C felony / Class A misdemeanor / Class B misdemeanor / Class C misdemeanor / violation / contempt], in Case No. [________].
5. Movant was sentenced to [SENTENCE].
6. Movant was released from custody / completed supervision on [__/__/____].
7. Movant has paid all fines, restitution, costs, and other court-ordered financial obligations in full. (Proof attached as Exhibit A.)

III. Statutory Eligibility

8. The applicable waiting period under ORS 137.225(1) for the conviction class identified above is [7 / 5 / 3 / 1] year(s) from the later of the date of conviction or the date of release from custody.
9. More than [7 / 5 / 3 / 1] year(s) have elapsed since the later of those dates.
10. Movant has not been convicted of any offense (other than traffic violations) during the waiting period.
11. Movant has no criminal proceedings currently pending in any jurisdiction.
12. The offense is not categorically excluded under ORS 137.225(5) or (6). Specifically, the offense is not (a) a sex offense; (b) a Class A felony; (c) a person felony of the type listed in ORS 137.225(6)(d); (d) criminal mistreatment in the first degree; (e) a child-abuse offense; (f) DUII; (g) a traffic crime; or (h) an offense requiring sex-offender registration.

IV. Background-Check Submission (ORS 137.225(2))

13. Movant has caused a fingerprint background check to be conducted by the Oregon State Police, and a true copy of the resulting report is filed under seal as Exhibit B.

V. Discretionary Factors

14. The circumstances and behavior of Movant from the date of conviction warrant setting aside the conviction. In support, Movant attaches:
    - Employment history and letter(s) from current employer (Exhibit C);
    - Educational records (Exhibit D);
    - Letters of community reference (Exhibit E);
    - Records of any counseling, treatment, or rehabilitation (Exhibit F);
    - Statement of personal hardship caused by the record (Exhibit G).

VI. Filing Fee

15. Movant has tendered the filing fee required by ORS 21.135 (currently $281) plus the Oregon State Police background-check fee (currently $80).

VII. Relief Requested

WHEREFORE, Movant respectfully requests that this Court:

A. Set this Motion for hearing if the District Attorney objects within 120 days of service;
B. Enter an order pursuant to ORS 137.225 setting aside the conviction identified above;
C. Order that the conviction be deemed not to have occurred, and that Movant may lawfully respond as if the offense did not occur (subject to ORS 137.225(11) exceptions);
D. Order all law-enforcement agencies, the Oregon State Police, the Oregon Judicial Department, and any other agency holding records of the offense to seal those records;
E. Grant such other relief as the Court deems just and proper.

DATED this ___ day of ______________, 20___.

_______________________________
[ATTORNEY NAME], OSB No. [______]
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Of Attorneys for Movant

Certificate of Service

I certify that on [__/__/____] a true copy of the foregoing Motion was served on the District Attorney for [COUNTY] County and on the named victim(s), if any, by [METHOD OF SERVICE consistent with ORCP 9].

_______________________________
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

☐ Confirm offense is not categorically excluded under ORS 137.225(5)–(6) (sex offenses, Class A felonies, listed person felonies, criminal mistreatment I, child abuse, DUII, traffic crimes, registrable offenses)
☐ Determine conviction classification (Class B felony / Class C felony / Class A misd. / Class B-C misd. / violation / arrest only)
☐ Confirm applicable waiting period (7 / 5 / 3 / 1 year) has run from later of conviction or release
☐ Confirm no convictions during the waiting period (traffic violations excepted)
☐ Confirm no pending criminal proceedings
☐ Confirm all fines, restitution, costs paid in full (obtain receipts)
☐ Submit fingerprint background-check request to Oregon State Police; pay $80 fee
☐ Pull certified copies of judgment, sentencing order, probation/parole discharge
☐ Identify victim(s), if any, and confirm notice address
☐ Gather discretionary-relief evidence (employment, education, references, treatment)

Filing

☐ Draft motion (or county local form) consistent with ORS 137.225 and UTCR 4.060
☐ Attach OSP background-check report as Exhibit B (file under seal where required)
☐ Attach proof of payment of financial obligations (Exhibit A)
☐ Attach discretionary-relief exhibits (C–G)
☐ Include Declaration of Movant verifying factual statements
☐ Tender filing fee ($281) plus OSP fee ($80) — verify current amounts with court
☐ File in court of conviction
☐ Serve District Attorney by certified mail or per ORCP 9
☐ Serve victim(s) where applicable
☐ Calendar DA's 120-day objection deadline

Hearing (If DA Objects)

☐ Prepare movant and reference witnesses
☐ Prepare exhibits for hearing (rehabilitation evidence)
☐ Brief discretionary factors under ORS 137.225(3)

Post-Order

☐ Obtain certified copies of set-aside order
☐ Serve order on: Oregon State Police (Identification Services Section), Oregon Judicial Department / OJIN, Department of Corrections (if applicable), arresting agency, prosecuting attorney, and any private background-check vendors holding records
☐ Confirm OSP central repository update (allow 60–90 days)
☐ Provide client written confirmation of set-aside, including ORS 137.225(10)–(11) language permitting denial of conviction
☐ Advise client of remaining federal-disclosure obligations (ATF Form 4473, immigration filings, security clearance applications)

Sources and References

• ORS § 137.225 (Order setting aside conviction or record of criminal charge): https://oregon.public.law/statutes/ors_137.225
• Oregon Revised Statutes Chapter 137: https://www.oregonlegislature.gov/bills_laws/ors/ors137.html
• Oregon Senate Bill 397 (2021) — A-Engrossed text: https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB397/A-Engrossed
• Oregon Judicial Department — Expungement / Setting Aside an Arrest Record: https://www.courts.oregon.gov/courts/yamhill/programs-services/pages/expungement.aspx
• Collateral Consequences Resource Center — Oregon Restoration of Rights: https://ccresourcecenter.org/state-restoration-profiles/oregon-restoration-of-rights-pardon-expungement-sealing-2/