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How Long Do I Have to Wait to Expunge or Set Aside a Conviction in Oregon?
Senate Bill 397 took effect last January 1, 2022, in which the Senate created new provisions regarding the set-aside and expungement timeframe every eligible offender must consider. In other words, the eligibility wait times for felonies and misdemeanors have drastically improved. With these changes, how long does it take to qualify for expungement in Oregon today?
Notable changes:
- Timelines for set aside and expungement eligibility were significantly reduced.
- Filing fees were eliminated in all Oregon courts.
- It's worth noting that the process isn't entirely free, as you still have to pay $80 to the Oregon Department of State Police to perform a criminal background check.
With that said, below are recent changes in the expungement and set aside wait times every offender should know.
How Long Does a Felony & Misdemeanor Expungement Wait Time Take?
Felony and misdemeanor offenders have varied wait times for expungement or set-aside eligibility. For instance, it will depend on the severity of their charges and whether they receive a conviction within the timeframe.
Below is a simple rundown:
- Offenders with Non-person Class B Felonies become eligible for expungement or set aside after seven years.
- Class C Felonies qualify for expungement after only five years.
- Offenders with Class A Misdemeanors must wait three years before being eligible.
- Individuals with Class B and C Misdemeanors, a violation or a finding of contempt of court, become eligible after only one year.
- Arrests that are not filed or that do not result in a conviction can be set aside as well. The exception is DUII diversion dismissals, which the law does not allow to be set aside.
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