If you are looking at a way to clear an Oregon criminal record in 2026, the operative statute is ORS 137.225 for set-aside of convictions and ORS 137.223 for arrest-record relief. Senate Bill 397, signed in 2021 and effective January 2022, expanded eligibility and reduced waiting periods across the framework. When the court grants a set-aside under ORS 137.225, the conviction is treated as set aside for most public-facing purposes.
This post walks through what the Oregon set-aside framework provides after SB 397, the questions petitioners ask first, and the procedural issues that derail petitions.
ORS 137.225: set-aside of convictions
ORS 137.225 is Oregon's general set-aside statute. The statute lists the categories of conviction that are eligible for set-aside, identifies categories that are categorically excluded, and sets the waiting periods that apply by classification.
SB 397 made several structural changes effective January 2022. The waiting periods for many categories were shortened, eligibility was expanded to additional offense categories, and the procedural process was streamlined. The current waiting periods are tied to the offense classification, with Class B and Class C felonies, misdemeanors, and violations each running on different clocks.
The petition is filed in the court of conviction. The statute requires the petitioner to satisfy enumerated criteria, including completion of sentence and a clean intervening record. The state has an opportunity to respond.
ORS 137.223: arrest-record relief
ORS 137.223 covers relief for arrest records that did not result in a charge or that resulted in a charge that was dismissed before a conviction was entered. The statute is narrower than the set-aside statute because it addresses pre-conviction records, but it is an important pathway for petitioners whose record consists of arrest entries rather than conviction entries.
Categorically excluded offenses
Both ORS 137.225 and ORS 137.223 identify offenses that are categorically excluded from relief. The exclusions include certain person felonies, certain sex offenses, and traffic-related offenses that the legislature has classified differently. A petition that targets an excluded offense is not viable on the merits.
The exclusions matter because the post-SB 397 framework is broader than the prior statutory structure, and petitioners who relied on older summaries may incorrectly assume an offense is excluded when it is now eligible, or the reverse.
Common misreads we see Oregon petitioners make
Misread one: relying on pre-SB 397 summaries. The waiting periods and eligibility categories changed substantively in January 2022. Older summaries that predate SB 397 may overstate the waiting period or understate the eligibility scope.
Misread two: confusing set-aside with sealing. Oregon's set-aside framework is functionally similar to a sealing framework in other states, but the statutory language and the operational mechanics are distinct. The set-aside changes the legal effect of the conviction; the underlying records continue to exist in agency systems.
Misread three: assuming traffic offenses qualify. Many petitioners assume that minor traffic offenses fall within the general set-aside framework. Many do not, because they are classified as violations rather than crimes, and the statute addresses each category differently.
Practical next steps if you are looking at an Oregon record
Three steps consistently move an Oregon record-clearing inquiry forward.
Step one: pull the Oregon State Police criminal-history record. The Oregon State Police Identification Services Section maintains the open-records criminal-history request process.
Step two: identify the offense classification under current law. The applicable subsection of ORS 137.225 turns on whether the matter is a Class B felony, a Class C felony, a misdemeanor, or a violation, and whether it falls within the categorically excluded categories. The classification controls the waiting period.
Step three: confirm the waiting period under post-SB 397 rules. Petitioners working from older guidance may believe a longer waiting period applies. The current waiting periods are shorter for many categories than they were before January 2022.
For the per-state landing page that maps these pathways to the broader Criminal Defense Center, see Oregon criminal defense.
The Oregon hearing process
ORS 137.225 directs the court to hold a hearing on a set-aside petition unless the parties agree otherwise. The hearing is not adversarial in the same way a contested motion is, but the state has the opportunity to appear and address whether the statutory criteria are met. In practice, many Oregon set-aside petitions are resolved on the papers when the state does not contest the eligibility analysis.
When the state does contest, the court considers the statutory criteria, the supporting documentation, and any specific concerns the state raises. The court has discretion to set conditions or to deny the petition where the statutory criteria are arguably met but the underlying matter implicates concerns the statute does not fully address.
Oregon and the SB 397 waiting-period changes
The waiting-period changes that took effect January 2022 are the most consequential change SB 397 made. Petitioners who became aware of the framework before SB 397 may believe a longer waiting period applies than the current statute supports. The current waiting periods are tied to the offense classification and are substantially shorter for several categories than they were under the prior statute.
A Class A misdemeanor under current ORS 137.225 generally carries a one-year waiting period from the date the sentence was completed. A Class C felony generally carries a three-year waiting period. A Class B felony generally carries a longer period, and Class A felonies are typically not eligible. Specific waiting periods turn on the offense and on whether the petitioner has any intervening criminal-justice activity within the period.
How Oregon set-aside affects federal records and immigration
An Oregon set-aside under ORS 137.225 affects the state-level posture for most public inquiries. The set-aside does not, however, generally eliminate the underlying conviction for federal immigration purposes. The federal framework applies its own definition of conviction, and a state-level set-aside typically does not change the immigration analysis unless the set-aside was granted on a substantive legal ground rather than on a rehabilitation theory.
The same caveat applies to federal background checks. Federal background screening may continue to surface the underlying record even after Oregon set-aside. The practical effect of the set-aside depends on which background check the inquiring party consults.
Oregon courts and local practice
Oregon circuit courts handle set-aside petitions under uniform statutory rules, but the local docket and procedural practices vary. Some courts have published sample petitions on their websites; others handle the process by reference to the statute. Consulting the local circuit court's published procedures before filing reduces the risk of a procedural defect.
How LawSensai supports Oregon record-clearing matters
LawSensai provides legal information, document organization, and attorney matching. It is not a law firm and it does not replace advice from a criminal defense attorney. For Oregon matters, our role is to organize the underlying records, identify which ORS provision applies, and connect the matter with an Oregon criminal defense attorney when the matter requires counsel. Start an organized Oregon record-clearing review at /record-clearing.
This report is an organizational summary. It is not legal advice, an opinion on the merits, or a prediction of outcome.
Information shared with LawSensai before an attorney has accepted a Kovel agency designation is not protected by attorney-client privilege. Government investigators may be able to compel disclosure.
Authoritative Oregon sources
- Oregon Revised Statutes Chapter 137: oregonlegislature.gov
- Oregon courts: courts.oregon.gov
- Oregon DMV: oregon.gov/odot/dmv
Last verified: 2026-06-09.