Oregon Revised Statutes Chapter 137 § 137.225 — Order

Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations. (1)(a) At any time after the person becomes eligible as described in paragraph (b) of this subsection, any person convicted of an offense, or found in contempt of court, who has fully complied with and performed the sentence of the court for the offense or contempt finding, and whose conviction or finding is described in subsection (5) of this section, by motion may apply to the court where the conviction or finding was entered for entry of an order setting aside the conviction or finding. A person who is still under supervision as part of the sentence for the offense that is the subject of the motion has not fully complied with or performed the sentence of the court. (b) A person is eligible to file a motion under paragraph (a) of this subsection: (A) For a Class B felony, seven years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later. (B) For a Class C felony or a finding of a person in contempt of court for violating an order related to abuse or a person crime, five years from the date of conviction or finding, or the release of the person from imprisonment for the conviction or finding sought to be set aside, whichever is later. (C) For a Class A misdemeanor, three years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later. (D) For a Class B or Class C misdemeanor, a violation or a finding of a person in contempt of court not described in subparagraph (B) of this paragraph, one year from the date of conviction or finding, or the release of the person from imprisonment for the conviction or finding sought to be set aside, whichever is later. (c) If no accusatory instrument is filed, at any time after 60 days from the date the prosecuting attorney indicates that the state has elected not to proceed with a prosecution or contempt proceeding, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge. (d) At any time after an acquittal or a dismissal other than a dismissal described in paragraph (c) of this subsection, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge. (e) Notwithstanding paragraph (b) of this subsection, a person whose sentence of probation was revoked may not apply to the court for entry of an order setting aside the conviction or finding for which the person was sentenced to probation for a period of three years from the date of revocation or until the person becomes eligible as described in paragraph (b) of this subsection, whichever occurs later. (f) If the offense classification of a conviction has been reduced by the court, the applicable time period under paragraph (b) of this subsection is the time period associated with the reduced offense classification, calculated from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later. (g) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135. (2)(a) A copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the offense or charge of contempt, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney may object to a motion filed under subsection (1)(a) of this section and shall notify the court and the person of the objection within 120 days of the date the motion was filed with the court. (b) When a prosecuting attorney is served with a copy of a motion to set aside a conviction or finding under subsection (1)(a) of this section, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim, if any, by mailing a copy of the motion and notice to the victim’s last-known address. (c) When a person makes a motion under this section, the person shall forward to the Department of State Police a full set of the person’s fingerprints on a fingerprint card or in any other manner specified by the department. (d) When a person makes a motion under subsection (1)(a) of this section, the person must pay a fee to the Department of State Police for the purpose of the department performing a criminal record check. The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. If the department is required to perform only one criminal record check for the person, the department may only char