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 a conviction, contempt finding, 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 sealing adult criminal convictions, contempt findings, and records of arrest or charge. The statute was amended by HB 4002 (2024 Or. Laws ch. 70) and again by HB 2492 (2025 Or. Laws ch. 349, effective January 1, 2026); the 2025 amendments apply to motions filed on or after that date and extended relief to contempt-of-court findings. Relief is petition-based: the movant files a motion in the court where the conviction or finding was entered, serves the prosecuting attorney, forwards fingerprints and pays the Oregon State Police criminal-record-check fee, and (if the prosecuting attorney objects) attends a hearing. There is no court filing fee for a set-aside motion (§ 137.225(1)(g)).

Importantly, the current grant standard favors the movant: if the prosecuting attorney does not object, the court shall grant the motion; if the prosecuting attorney objects, the court shall grant unless it finds, by clear and convincing evidence, that the movant's circumstances and behavior do not warrant relief.

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)(b)

4. Other-Offense Bar — ORS 137.225(7)

Even if the waiting period has run, the movant is disqualified if convicted of any other offense (or found in contempt for violating an abuse/person-crime order) within the applicable lookback period immediately preceding the filing of the motion. The lookback equals the waiting period for the offense being set aside — § 137.225(7)(a)(B)(i)–(iv):

5. Eligible Convictions and Categorical Exclusions

Eligible (§ 137.225(5)): (a) a Class B felony, except a violation of ORS 166.429 or any crime classified as a person felony under Oregon Criminal Justice Commission rules; and (b) any misdemeanor, any Class C felony, or a felony punishable as a misdemeanor under ORS 161.705. Records of an arrest, citation, or charge that did not result in conviction are addressed under § 137.225(1)(c)–(d).

Categorically excluded (§ 137.225(6)) — set-aside of a conviction does NOT apply to:

If any exclusion applies, the conviction is categorically ineligible regardless of waiting-period satisfaction. Confirm the exact offense of conviction against the current text of § 137.225(5)–(7).

6. Grant Standard and Hearing — ORS 137.225(3)

• No objection: the court shall grant the motion and enter a sealing order — § 137.225(3)(b).
• Objection filed (within 120 days): the court shall hold a hearing, allow any victim to make a statement, and shall grant the motion if the movant is otherwise eligible unless it makes written findings, by clear and convincing evidence, that the movant's circumstances and behavior from the date of the conviction/finding to the hearing do not warrant relief — and only circumstances/behavior relating to the character of the offense may be considered. The court may not consider nonpunitive civil liability, monetary obligations, or motor-vehicle violations — § 137.225(3)(a).

Because the burden at a contested hearing rests on the objecting party (clear and convincing evidence), counsel should nonetheless be prepared to rebut with:

• Employment and education history since the conviction/finding;
• 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 (completion of supervision, waiting-period completion, OSP fingerprint/record-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 CONTEMPT FINDING / RECORD OF ARREST OR CHARGE] PURSUANT TO ORS 137.225

Movant [PETITIONER NAME], by and through undersigned counsel, moves this Court for an order setting aside the conviction, contempt finding, or record identified below and sealing the associated records, pursuant to ORS 137.225 [or ORS 137.226 for a marijuana conviction]. 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. Matter Sought to Be Set Aside

4. On [__/__/____], in this Court, Movant was [convicted of / found in contempt for / charged with / arrested for] [OFFENSE OR CONTEMPT DESCRIPTION], in violation of ORS § [________], a [Class B felony / Class C felony / Class A misdemeanor / Class B misdemeanor / Class C misdemeanor / violation / contempt finding], in Case No. [________].
5. Movant was sentenced to [SENTENCE].
6. Movant was released from custody / completed all supervision on [__/__/____] and is no longer under supervision for this matter.
7. Movant has fully complied with and performed the sentence of the court, including all court-ordered financial obligations. (Proof attached as Exhibit A.)

III. Statutory Eligibility

8. The applicable waiting period under ORS 137.225(1)(b) for the classification identified above is [7 / 5 / 3 / 1] year(s) from the later of the date of conviction/finding or the date of release from imprisonment.
9. More than [7 / 5 / 3 / 1] year(s) have elapsed since the later of those dates.
10. The conviction or finding is described in ORS 137.225(5) and is not categorically excluded under ORS 137.225(6) or (7). Specifically, it is not (a) criminal mistreatment first or second degree with an elderly or child victim; (b) endangering the welfare of a minor constituting child abuse; (c) criminally negligent homicide as a Class C felony; (d) assault in the third degree under ORS 163.165(1)(h); (e) a sex crime outside the narrow ORS 137.225(6)(f) exceptions; or (f) a traffic offense.
11. Movant has not been convicted of any other offense (excluding motor-vehicle violations and drug-enforcement-misdemeanor possession), and is not currently under charge of any crime or abuse/person-crime contempt, within the applicable ORS 137.225(7) lookback period immediately preceding this motion.

IV. Fingerprints and Criminal-Record Check — ORS 137.225(2)(c)–(d)

12. Movant has forwarded a full set of fingerprints to the Oregon Department of State Police and has paid the criminal-record-check fee established by the Department. Movant is not required to pay a court filing fee (ORS 137.225(1)(g)).

V. Grant Standard

13. If no objection is filed, ORS 137.225(3)(b) directs that this Court shall grant the motion. If the prosecuting attorney objects, Movant is eligible for relief and the circumstances and behavior of Movant from the date of the conviction/finding to the present warrant setting it aside. In support, Movant attaches:
    - Employment history and letter(s) from current employer (Exhibit B);
    - Educational records (Exhibit C);
    - Letters of community reference (Exhibit D);
    - Records of any counseling, treatment, or rehabilitation (Exhibit E);
    - Statement of personal hardship caused by the record (Exhibit F).

VI. Relief Requested

WHEREFORE, Movant respectfully requests that this Court:

A. If the prosecuting attorney objects within 120 days of the filing of this motion, set the matter for hearing under ORS 137.225(3)(a);
B. Enter an order pursuant to ORS 137.225 setting aside the conviction, contempt finding, or record identified above;
C. Order that the matter be deemed not to have occurred, and that Movant may lawfully respond accordingly, subject to the exceptions in ORS 137.225(10)–(11);
D. Order the clerk of the court, the arresting or citing agency, the Oregon State Police, the Oregon Judicial Department, and any other agency holding records of the matter to seal those records; and
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

Declaration Under Penalty of Perjury (ORCP 1 E)

I hereby declare that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and are subject to penalty for perjury.

Executed on [__/__/____] at [CITY], Oregon.

_______________________________

[PETITIONER SIGNATURE]

[PETITIONER PRINTED NAME]

Certificate of Service

I certify that on [__/__/____] a true copy of the foregoing Motion was served on the prosecuting attorney for [COUNTY] County by [METHOD OF SERVICE]. (Under ORS 137.225(2)(b), the prosecuting attorney — not the movant — is responsible for mailing the motion and notice of any hearing to any victim's last-known address.)

_______________________________

[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

• ☐ Confirm the conviction/finding is described in ORS 137.225(5) and is not categorically excluded under § 137.225(6)–(7) (elderly/child-victim mistreatment, child-abuse offenses, criminally negligent homicide as a Class C felony, assault III under 163.165(1)(h), sex crimes outside the narrow exceptions, traffic offenses)
• ☐ Determine the classification (Class B felony / Class C felony / Class A misd. / Class B-C misd. / violation / contempt finding / arrest only)
• ☐ Confirm the applicable waiting period (7 / 5 / 3 / 1 year, or 60 days for an uncharged arrest) has run from the later of conviction/finding or release
• ☐ Confirm no disqualifying conviction/contempt within the § 137.225(7) lookback and no current charge
• ☐ Confirm the sentence is fully complied with and performed (no longer under supervision)
• ☐ Forward a full set of fingerprints to the Oregon State Police and pay the OSP criminal-record-check fee (no court filing fee is due)
• ☐ Pull certified copies of the judgment, sentencing order, and probation/parole discharge
• ☐ Gather evidence relevant to the movant's circumstances and behavior in case of an objection

Filing

• ☐ Complete the current statewide OJD "Criminal or Arrest Record Set Aside" motion and proposed order (ORS 137.225(12))
• ☐ Attach proof of completion of the sentence (Exhibit A)
• ☐ Attach circumstances-and-behavior exhibits (B–F) for a possible contested hearing
• ☐ Include the declaration under penalty of perjury (ORCP 1 E)
• ☐ File in the court where the conviction/finding was entered (or, for an uncharged arrest, the county of arrest/citation/charge)
• ☐ Serve the prosecuting attorney
• ☐ Calendar the prosecuting attorney's 120-day objection deadline

Hearing (If the Prosecuting Attorney Objects)

• ☐ Prepare the movant and reference witnesses
• ☐ Prepare exhibits on the movant's circumstances and behavior
• ☐ Brief the ORS 137.225(3)(a) standard (State bears the clear-and-convincing burden; civil liability, monetary obligations, and motor-vehicle violations are excluded from consideration)

Post-Order

• ☐ Obtain certified copies of the set-aside order
• ☐ Confirm sealing by the Oregon State Police (Identification Services Section), the Oregon Judicial Department, the arresting agency, and the prosecuting attorney
• ☐ Provide the client written confirmation of the set-aside, including the ORS 137.225(10)–(11) exceptions that allow limited disclosure
• ☐ Advise the client of remaining federal-disclosure obligations (e.g., ATF Form 4473, immigration filings, security-clearance applications)

Sources and References

• ORS § 137.225 — official Oregon Revised Statutes Chapter 137: https://www.oregonlegislature.gov/bills_laws/ors/ors137.html
• Oregon Laws 2025, chapter 349 (HB 2492; effective January 1, 2026): https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2025orLaw0349.pdf
• Enrolled House Bill 2492 (2025 Or. Laws ch. 349) — full amended text of ORS 137.225: https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/HB2492/Enrolled
• HB 2492 overview (Chapter 349; applies to motions filed on/after the effective date): https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB2492
• Oregon Judicial Department — Forms Center ("Criminal or Arrest Record Set Aside"): https://www.courts.oregon.gov/forms/Pages/default.aspx