Seal Your Oregon Record and Move Forward Without a Past Mistake Holding You Back
In Oregon, an expungement is the process of asking a court to set aside and seal a criminal record so it no longer appears on most background checks. The Hughes Companies helps people across Bend, Deschutes County, and the rest of Oregon clear eligible arrests, dismissed charges, and many past convictions. As an experienced Bend criminal defense attorney, Michael R. Hughes reviews your record, confirms whether you qualify, and handles the motion from start to finish so you can move forward with a clean slate.
Why People Across Oregon Choose The Hughes Companies
A set-aside can reopen doors that a conviction quietly closed, such as jobs, housing, and professional licenses. It does this by clearing the background checks that stand between you and those opportunities. But Oregon’s eligibility rules are specific, and one filing mistake can cost you months.
The Hughes Companies brings real courtroom experience to every set-aside it handles. What sets the firm apart:
- More than twenty-five years of trial and criminal defense experience
- One-on-one guidance from Attorney Michael R. Hughes, who personally reviews your record and your eligibility
- Established credibility with Deschutes County prosecutors, which can be an advantage when the district attorney’s office weighs in on your petition
- A practice rooted in Bend and Deschutes County, with representation available throughout Oregon
- A plain-language approach that explains where you stand before you spend money on filing
From confirming that each charge qualifies, to preparing the motion and eligibility declaration correctly, to answering any objection from the district attorney, we handle the process so your petition has the best chance of success. The goal is a clean result you rarely have to worry about: a record that stays out of view on most routine employment and housing background checks, even though certain federal or specialized checks may still reach sealed information.
What an Expungement Does in Oregon
Oregon law calls this process a set-aside, and most people know it as an expungement. When a court grants a set-aside, it seals the record of the arrest, charge, or conviction. Once the record is sealed, it no longer shows up in official Oregon court records, and Oregon law treats the matter as if it never happened. That means you can lawfully answer that the conviction or arrest did not occur when an employer, a landlord, or a licensing board asks.
A sealed record can still appear in certain federal background checks, and in rare cases a court can reopen it, so it helps to understand exactly what a set-aside will and will not do before you file. One important limit is firearms. A set-aside seals your record for most purposes, but it does not automatically restore your right to own or possess a firearm. If you were convicted of a felony, or found guilty except for insanity, restoring gun rights can require a separate legal process. Ask an attorney if this applies to you.
What Records Can Be Set Aside
Many different outcomes can qualify for a set-aside, including:
- Arrests and citations that never led to a filed case
- Charges that were dismissed or that ended in an acquittal
- Many misdemeanor and felony convictions, once the waiting period has passed
Not every record qualifies. Certain serious offenses cannot be set aside, including Class A felonies, many sex crimes, and several child abuse crimes, among others. Traffic offense convictions are not eligible, which includes DUI convictions because Oregon law treats DUI as a traffic offense. A DUI charge that was dismissed only because you completed a diversion program also cannot be sealed.
Cases handled in federal, tribal, out-of-state, or local (municipal or justice) courts are not covered by this Oregon circuit-court set-aside process. Those courts may have their own separate procedures. Because the list of exceptions in Oregon’s record-sealing law is detailed, it is worth confirming your specific charges before you assume they cannot be cleared.
Do You Qualify, and How Long Must You Wait
If you were convicted, Oregon generally requires you to finish every part of your sentence first, including probation, restitution, and fines, before you qualify for a set-aside. You also cannot pick up a new conviction during the waiting period, other than a traffic violation or a single violation offense. Furthermore, you cannot have open criminal charges or an open contempt case tied to abuse or a person crime such as assault, like a restraining order violation.
The waiting period depends on the level of the offense and runs from your conviction or your release, whichever is later. In general the waiting period is:
- One year for many misdemeanors, violations, and lower-level contempt findings
- Three years for Class A misdemeanors
- Five years for a Class C felony
- Seven years for a Class B felony
A new offense can extend the clock, and a revoked probation adds its own waiting period. If you were arrested or cited but the prosecutor never filed a case, you can usually move forward 60 days after the prosecutor declines to file, or any time after a dismissal or an acquittal.
How the Set-Aside Process Works
The process runs through the circuit court where your case was handled or would have been filed. First, you are fingerprinted and send your prints to the Oregon State Police, paying the state police fee when you are asking the court to seal a conviction. You then file a Motion to Set Aside with the court and serve a copy on the district attorney for that county. There is no court filing fee for the motion itself.
The district attorney usually has 120 days to object. If the prosecutor objects, the court sets a hearing where a judge decides whether to grant the order. You can review the state’s official set-aside instructions to see the forms involved. It is important to recognize that small mistakes in the motion or the eligibility declaration can delay or derail a petition, which is why many people ask an attorney to prepare and file it for them.
Talk With an Oregon Expungement Lawyer Today
A set-aside can reopen doors to jobs, housing, and peace of mind. If you are ready to find out whether you qualify, contact The Hughes Companies to schedule a consultation. We will review your record, explain your options, and handle the process so you can move forward.
Frequently Asked Questions About Oregon Expungements
How long does it take to clear a record in Oregon?
Timelines vary by court and by the facts of your case. After you file, the district attorney usually has up to 120 days to object, and a contested petition that goes to a hearing takes longer than one the prosecutor does not challenge. Most people should plan for the process to take several months from start to finish.
Will a set-aside remove my record from every background check?
A set-aside seals the record so it no longer appears in official Oregon court records, and you can lawfully say the matter did not occur. However, a sealed record may still surface in certain federal background checks, and in rare situations a court can unseal it. For most everyday employment and housing checks, a granted set-aside keeps the record out of view.
Can I set aside a DUI conviction in Oregon?
The law treats DUI as a traffic offense, and traffic offense convictions are not eligible to be sealed under ORS 137.225. A DUI that was dismissed only because you completed a diversion program also cannot be sealed. The only DUI records that may qualify are arrests or charges that ended in an acquittal or in the prosecutor deciding not to file charges. Because the outcome of your case controls what, if anything, can be cleared, it is best to have an attorney review your specific disposition.