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| Clearance policy overview | Records relating to a case in which a petition has been filed, but no adjudication has occurred pending the fulfillment of conditions of a pre-adjudicatory probation, can be sealed upon petition one year after completion of the terms of the pre-adjudicatory probation. 10A Okl. St. § 2-6-108(B)(2)(c). | Records relating to a matter dismissed for the successful completion of a court-approved alternative diversion program for first-time offenders can be sealed upon petition one year after completion of the diversion program. 10A Okl. St. § 2-6-108(B)(3). | Records relating to a matter dismissed for successful completion of a court-approved military mentor program can be sealed upon petition, one year after completion of the military mentor program. 10A Okl. St. § 2-6-108(B)(4). | Records relating to a juvenile court matter that is not confidential by law can be expunged upon petition, so long as the person is at least 18 years old, has not been arrested for any adult criminal offense, has no pending charges, and has completed all court-ordered requirements for all juvenile proceedings.10A Okl. St. § 2-6-109(A). | Records relating to a conviction that was dismissed or ordered dismissed following reversal by an appellate court can be expunged by the court. 22 Okl. St. § 18(A)(2). | Records relating to a conviction for which the person was subsequently determined to be factually innocent by use of DNA evidence can be expunged by the court. 22 Okl. St. § 18(A)(3). | Records relating to a misdemeanor conviction, or convictions arising out of the same transaction or occurrence, for which the sentence was a fine of $500 or less without imprisonment or a suspended sentence can be expunged by the court upon sentence completion, so long as the person has no felony conviction and no pending charges. 22 Okl. St. § 18(A)(10) and (C). | Records relating to a misdemeanor conviction, or convictions arising out of the same transaction or occurrence, for which the sentence was imprisonment, a suspended sentence, or a fine over $500 can be expunged by the court five years after sentence completion, so long as the person has no felony conviction and no pending charges. 22 Okl. St. § 18(A)(11) and (C). | Records relating to a nonviolent felony conviction, or convictions arising out of the same transaction or occurrence, can be expunged five years after the sentence is completed, so long as the person has no other conviction in the past seven years and no pending charges. 22 Okl. St. § 18(A)(12), (C). | Records of a prostitution-related offense that resulted from the person being a victim of human trafficking can be expunged by the court. 22 Okl. St. § 19c. | Records relating to a conviction for which the person received a full pardon can be expunged by the court. 22 Okl. St. § 18(A)(4). | Records relating to a case dismissed after the successful completion of a deferred judgment are expunged. 22 Okl. St. § 991c(D). | Records relating to misdemeanor offense dismissed after the successful completion of a deferred judgment or delayed sentence can be expunged by the court one year after the charge is dismissed, so long as petitioner has no prior felony conviction and no pending charges. 22 Okl. St. § 18(A)(8). | Records relating to a nonviolent felony offense dismissed after the successful completion of a deferred judgment or delayed sentence can be expunged by the court five years after the charge is dismissed, so long as petitioner has no prior felony conviction and no pending charges. 22 Okl. St. § 18(A)(9). | Records relating to an offense containing the name of an identity theft victim as the perpetrator of a crime, can be expunged upon the dismissal of the case or at any time thereafter. 22 Okl. St. § 19a. | Records relating to charges that were dismissed can be expunged by the court upon the expiration of the statute of limitations period, so long as the person has no felony conviction and no pending charges. 22 Okl. St. § 18(A)(7). | Records of some convictions involving marijuana can be set aside if the defendant was under 21 and has no other convictions, excluding motor vehicle violations, and has complied with the sentence. Or. Rev. Stat. § 137.226. | Records relating to a juvenile matter will be expunged upon petition by the court and hearing, so long as at least five years have elapsed since the date of the person's most recent termination. Or. Rev. Stat. § 419A.262(3). | Records relating to a charge, allegation, or adjudication for prostitution will be expunged if the person was under 18 years of age at the time of the incident. Or. Rev. Stat. § 419A.262(4). | Records relating to an arrest will be expunged upon petition when the person reaches 18 years of age. Or. Rev. Stat. § 419A.262 (2),(3),(6). |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | This provision applies only to misdemeanor offenses for which the sentence was a fine of $500 or less without imprisonment or a suspended sentence. | This provision applies only to misdemeanor offenses for which the sentence was imprisonment, a suspended sentence, or a fine more than $500. | Offenses listed in 57 Okl. St. § 571 are ineligible for expungement. | This statute applies only to prostitution-related offenses. 22 Okl. St. § 19c. | There is no statutory language regarding ineligible offenses. | Registerable sex offense are ineligible for deferred judgment. 22 Okl. St. § 991c(G). | This provision applies only to misdemeanor offenses. | The offenses listed in 57 Okl. St. section 571 are ineligible for expungement. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | This section applies only to offenses in which possession, delivery or manufacture of marijuana or a marijuana item as defined in section 475B.015 is an element. Or. Rev. Stat. § 137.226. | Ineligible offenses can be found under ORS §419A.262 (3)(b)-(c). | There is no statutory language regarding ineligible offenses. | See ORS § 419A.262 (3) or (4) for ineligible offenses. |
| Clearance Process | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Automatic | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Petition-based | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion |
| Waiting Periods | A petition can be filed one year after completion of the terms of the pre-adjudicatory probation, or upon the person attaining the age of 18 years in the discretion of the court. | A petition can be filed one year after completion of the terms of the court-approved alternative diversion program for first-time offenders, or upon the person attaining the age of 18 years in the discretion of the court. | A petition can be filed one year after completion of the terms of the court-approved military mentor program, or upon the person attaining the age of 18 years in the discretion of the court. | A petition can be filed if the person is at least 21 years of age. | The petition can be filed upon reversal of conviction with instructions to dismiss or reversal of conviction and subsequent dismissal of the charge. 22 Okl. St. § 18(A)(2). | The petition can be filed after establishment of the petitioner's factual innocence. | The petition can be filed upon sentence completion. | The petition can be filed five years after sentence completion. | The petition can be filed five years after sentence completion. | There is no statutory language regarding a waiting period. | The petition can be filed after the petitioner receives a full pardon for actual innocence. | The expungement is ordered upon the successful completion of the conditions of the deferred judgment. 22 Okl. St. § 991c(C). | The petition can be filed one year after the charge was dismissed following the successful completion of a deferred judgment or delayed sentence. | The petition can be filed five years after the charge is dismissed. | Records can be expunged upon the dismissal of the case or at any time thereafter | The petition can be filed after the statute of limitations period has expired. 22 Okl. St. § 18(A)(7). | The petition can be filed one year after the date of judgment. | The petition can be filed five years after the date of the person's most recent termination. | The petition can be filed at any time following the adjudication. | A petition can be filed after the person reaches 18 years of age. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | If an expungement is granted by the court, the court will order the reimbursement of all filing fees and court costs incurred by the petitioner as the result of filing the expungement request. 22 Okl. St. § 19(Q). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | Upon the sealing of any record of a person alleged to be delinquent, the record and official actions subject to the order will be deemed never to have occurred, and the person who is the subject of the record and all juvenile justice agencies can properly reply upon any inquiry in the matter that no such action ever occurred and no such record exists with respect to such person. 10A Okl. St. § 2-6-108(H). For information on when a sealed record can be unsealed, see 10A Okl. St. § 2-6-108(L), (N). | Upon the sealing of any record of a person alleged to be delinquent, the record and official actions subject to the order will be deemed never to have occurred, and the person who is the subject of the record and all juvenile justice agencies can properly reply upon any inquiry in the matter that no such action ever occurred and no such record exists with respect to such person. 10A Okl. St. § 2-6-108(H). For information on when a sealed record can be unsealed, see 10A Okl. St. § 2-6-108(L), (N). | Upon the sealing of any record of a person alleged to be delinquent, the record and official actions subject to the order will be deemed never to have occurred, and the person who is the subject of the record and all juvenile justice agencies can properly reply upon any inquiry in the matter that no such action ever occurred and no such record exists with respect to such person. 10A Okl. St. § 2-6-108(H). For information on when a sealed record can be unsealed, see 10A Okl. St. § 2-6-108(L), (N). | Upon the entry of an order to expunge any juvenile court record, or any part thereof, the subject official actions will be deemed never to have occurred, and the person in interest and all juvenile and criminal justice agencies can properly reply, upon any inquiry in the matter, that no such action ever occurred and that no such record exists. 10A Okl. St. § 2-6-109(G). Any record ordered to be expunged will be sealed and, if not unsealed within ten years of the expungement order, can be obliterated or destroyed at the end of the ten-year period. 10A Okl. St. § 2-6-109(N). For more information about the effect, see 10A Okl. St. § 2-6-109(J). | "Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | "Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | "Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | "Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | "Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | The expunged records are sealed to the public but not for law enforcement purposes. 22 Okl. St. § 19c. The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 19(G)-(O). | "Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | The records are sealed to the public but not to law enforcement agencies for law enforcement purposes and are available for subsequent criminal prosecution. The person remains eligible to seek expungement pursuant to section 18 of title 22. 22 Okl. St. § 991c. | "Expungement" means the sealing of criminal records, as well as any public civil record. Records expunged pursuant to section (A)(8) are sealed to the public but not to law enforcement agencies for law enforcement purposes and are available for any subsequent criminal prosecution. 22 Okl. St. §§ 18(B), (D). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | "Expungement" means the sealing of criminal records, as well as any public civil record. Records expunged pursuant to section (A)(8) are sealed to the public but not to law enforcement agencies for law enforcement purposes and are available for any subsequent criminal prosecution. 22 Okl. St. §§ 18(B), (D). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 19(D)-(M). | "Expungement" means the sealing of criminal records, as well as any public civil record. The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19. | The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225. | A person who is the subject of a record that has been expunged under this section may assert that the record never existed and that the contact, which was the subject of the record, never occurred without incurring a penalty for perjury or false swearing under the laws of this state. ORS § 419A.269(2). | A person who is the subject of a record that has been expunged under this section may assert that the record never existed and that the contact, which was the subject of the record, never occurred without incurring a penalty for perjury or false swearing under the laws of this state. ORS § 419A.269(2). | A person who is the subject of a record that has been expunged under this section may assert that the record never existed and that the contact, which was the subject of the record, never occurred without incurring a penalty for perjury or false swearing under the laws of this state. ORS § 419A.269(2). |
| Remedy | Seal | Seal | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Set Aside | Expunge | Expunge | Expunge |
