Expungement Petition - Oregon

Petition and Motion to Set Aside (Expunge) Criminal Record — Oregon (ORS 137.225)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]

Case No.: [________________]

PETITION AND MOTION TO SET ASIDE (EXPUNGE) CRIMINAL RECORD (ORS 137.225)

1. Petitioner Information

1.1 Petitioner: [PETITIONER FULL LEGAL NAME], date of birth [MM/DD/YYYY], Oregon SID [__________], FBI No. [__________].

1.2 Respondent: The State of Oregon, by and through the Office of the District Attorney for [COUNTY] County (the "prosecuting attorney").

1.3 Petitioner seeks to set aside and seal the arrest, charging, contempt, and/or conviction records described below pursuant to ORS 137.225, and states that Petitioner is eligible and has satisfied all applicable statutory prerequisites.

2. Definitions

"Applicable Record" — The arrest, charging instrument, court file, and all related records arising from the matter occurring on [ARREST/OFFENSE DATE] under case number [ORIGINAL CASE NO.].

"Set Aside" / "Expunge" — The sealing of the Applicable Record under ORS 137.225 such that, upon entry of the order, the conviction, finding, arrest, citation, or charge is deemed not to have occurred, subject only to the exceptions in ORS 137.225(10)–(11).

"Waiting Period" — The statutory period under ORS 137.225(1)(b) after which Petitioner becomes eligible to move for a set-aside.

3. Operative Allegations

3.1 Jurisdiction and Venue

This Court entered the conviction, finding, or record at issue, and is therefore the proper court for this motion under ORS 137.225(1)(a) (or, for an uncharged arrest, ORS 137.225(1)(c)).

3.2 Matter Background

a. Arrest / offense date: [DATE]
b. Offense or contempt: [DESCRIPTION], ORS § [________]
c. Classification: [Class B felony / Class C felony / Class A misdemeanor / Class B or C misdemeanor / violation / contempt finding]
d. Disposition: [Conviction / contempt finding / dismissal / acquittal / no accusatory instrument filed] on [DISPOSITION DATE]

3.3 Completion of Sentence

Petitioner has fully complied with and performed the sentence of the court — including any incarceration, probation, post-prison supervision, and all court-ordered financial obligations — and is no longer under supervision. Completion date: [DATE]. [Attach proof as Exhibit A.]

3.4 Compliance With Waiting Period — ORS 137.225(1)(b)

More than [7 / 5 / 3 / 1] year(s) have elapsed since the later of (i) the date of conviction or finding or (ii) release from imprisonment, satisfying the waiting period for the classification identified in Section 3.2. [For an uncharged arrest, at least 60 days have elapsed since the state elected not to proceed — ORS 137.225(1)(c).]

3.5 Eligibility and Absence of Disqualifying Conditions

a. The conviction or finding is described in ORS 137.225(5) (a Class B felony other than ORS 166.429 or a person felony; or any misdemeanor, Class C felony, or felony punishable as a misdemeanor).
b. The matter is not categorically excluded under ORS 137.225(6) (elderly- or child-victim criminal mistreatment; endangering the welfare of a minor constituting child abuse; criminally negligent homicide as a Class C felony; assault in the third degree under ORS 163.165(1)(h); or a sex crime outside the narrow ORS 137.225(6)(f) exceptions) or ORS 137.225(7)(a)(A) (traffic offense).
c. Petitioner 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.

3.6 Service on the Prosecuting Attorney — ORS 137.225(2)(a)

Petitioner is serving a copy of this Petition and supporting materials on the prosecuting attorney for [COUNTY] County. Under ORS 137.225(2)(b), the prosecuting attorney is responsible for mailing the motion and notice of any hearing to any victim's last-known address.

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

Petitioner 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. Petitioner is not required to pay a court filing fee (ORS 137.225(1)(g)).

4. Representations

Petitioner represents and declares under penalty of perjury:

4.1 All statements in this Petition are true, correct, and complete to the best of Petitioner's knowledge, information, and belief.

4.2 Petitioner has fully disclosed the relevant criminal history bearing on eligibility under ORS 137.225.

5. Requested Relief

Petitioner respectfully requests that the Court enter an Order:

5.1 Setting the matter for hearing under ORS 137.225(3)(a) only if the prosecuting attorney objects within 120 days of the filing of this motion;

5.2 Granting this Petition and setting aside the Applicable Record pursuant to ORS 137.225;

5.3 Directing the clerk of the court, the arresting or citing agency, the Oregon State Police, the Oregon Judicial Department, and any other relevant agency to seal their records of the Applicable Record;

5.4 Declaring that Petitioner is thereafter deemed not to have been convicted, found in contempt, arrested, cited, or charged for the matter, subject to the exceptions in ORS 137.225(10)–(11); and

5.5 Granting such other and further relief as the Court deems just and equitable.

6. Declaration Under Penalty of Perjury (ORCP 1 E)

I, [PETITIONER FULL LEGAL NAME], hereby declare that the foregoing is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

Executed on [DATE] at [CITY], Oregon.

_________________________________

[PETITIONER SIGNATURE]

[PETITIONER PRINTED NAME]

7. Certificate of Service

I certify that on [DATE], I served a true copy of this Petition and supporting materials on the prosecuting attorney (District Attorney) for [COUNTY] County at [ADDRESS] by the following method: [U.S. Mail / Hand Delivery / eFile].

_________________________________

[NAME], [Relationship to Petitioner or Attorney OSB No.]

8. Attachments and Exhibits

• Exhibit A — Proof of completion of the sentence (financial obligations, supervision discharge)
• Exhibit B — Evidence of circumstances and behavior since the conviction/finding (for a possible contested hearing)
• Attachment — Proposed Order to Set Aside (Expunge) Criminal Record (submit on the current OJD statewide form)

Practical Notes

• No court filing fee. ORS 137.225(1)(g) exempts a set-aside movant from the ORS 21.135 filing fee. The OSP criminal-record-check fee may not exceed actual cost. If OSP must perform only one record check, it may charge only one fee even when the person files in multiple counties — ORS 137.225(2)(d).
• The State bears the burden at a contested hearing. If no objection is filed, the court shall grant the motion (ORS 137.225(3)(b)). 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 (ORS 137.225(3)(a)).
• Use the current OJD statewide form. ORS 137.225(12) requires statewide set-aside forms; confirm the current OJD form and any local filing practices before filing.

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
• Oregon Judicial Department — Forms Center ("Criminal or Arrest Record Set Aside"): https://www.courts.oregon.gov/forms/Pages/default.aspx