Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records related to charges brought under the jurisdiction of the court may be expunged upon petition after the person reaches 18 years of age. Or. Rev. Stat. § 419A.262(3),(4),(6).	Records relating to juvenile delinquency matters can be expunged upon petition, if the court finds that to do so would be in the best interests of the person and the public. Or. Rev. Stat. § 419A.262(9).	A record relating to a juvenile adjudication for an act that would constitute rape in the third degree, sodomy in the third degree, or sexual abuse in the third degree, or an attempt to commit those crimes, their record can be expunged upon petition, so long as five years have elapsed and the person is not subject to a disqualifying event. Or. Rev. Stat. § 419A.262 (3), (10)(a).	A record relating to a juvenile adjudication for a Class C felony sex crime can be expunged upon petition, so long as five years have elapsed, the person was under 16 years old at the time of the offense, and the person is not subject to a disqualifying event. Or. Rev. Stat. § 419A.262(10)(b).	Records relating to charges that were dismissed will be expunged upon petition when the person reaches 18 years of age. Or. Rev. Stat. § 419A.262(6)(a).	Records relating to Class C felony convictions may be set aside by the court five years after judgment, so long as the individual does not have an other offense, excluding motor vehicle violations, whether or not the other conviction is for conduct associated with the same criminal episode that caused the arrest, citation, charge or conviction. Or. Rev. Stat. § 137.225(1)(a),(b), (7)(b)(B).	Records relating to Class B felony convictions can be set aside 7 years after conviction or release from imprisonment, so long as the individual has not been convicted of anything other than motor vehicle violations. Or. Rev. Stat. § 137.225(1)(b), (7).	Records relating to Class A misdemeanor convictions may be set aside by the court three years after judgment, so long as the individual has not been arrested or convicted of anything other than motor vehicle violations during that time. Or. Rev. Stat. § 137.225(1)(a),(b), (7)(b)(C).	Records relating to Class B or C misdemeanor convictions may be set aside by the court one year after judgment, so long as the individual has not been arrested or convicted of anything other than motor vehicle violations during that time. Or. Rev. Stat. § 137.225(1)(a),(b), (7)(b)(D).	Records relating to records of arrest, citation, or charges which are pardoned by the governor may be sealed by the court. ORS § 144.653.	Records relating to an offense of driving while under the influence of intoxicants or operating a vehicle while having a blood alcohol content above that jurisdiction's permissible blood alcohol content are eligible for diversion within 30 days after the date of the defendant's first appearance on the summons and have their convictions be dismissed with prejudice upon successful completion of a diversion agreement. ORS § 813.200, ORS § 813.210, ORS § 813.215.	Records of arrest can be set aside and sealed if no charges are 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. Or. Rev. Stat. § 137.225(1)(c).	Records of arrest can be set aside and sealed at any time after the dismissal of the charge or acquittal. Or. Rev. Stat. § 137.225(1)(d).	Records of a case in which a person is found guilty except for insanity on charges that could be set aside under Or. Rev. Stat. § 137.225, can be set aside and sealed between one to seven years depending on the offense. Or. Rev. Stat. § 137.223(2).	Records relating to arrests and charges are extracted from police department files when three years have passed since an arrest without conviction and there are no pending proceedings. 18 Pa. Cons. Stat. § 9121(b)(2)(i).	Records relating to a conviction can be expunged for a person at least 70 years of age with no arrests or charges in the 10 years following the completion of their sentence. 18 Pa. Cons. Stat. § 9122(b)(1).	Records relating to an underage alcohol conviction for a person over the age of 18 can be expunged when the person reaches 21. 18 Pa. Cons. Stat. § 9122(a)(3).	Records relating to a complaint that is not substantiated or where the petition is dismissed by the court may be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1).	Records relating to a written allegation that is not approved for prosecution can be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1.1).	Records relating to the person's successful completion of an informal adjustment can be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1.2).
Ineligible Category or Citation	A record relating to a case that was terminated before 1975 will not be expunged in the manner initiated by the court under that subsection. Or. Rev. Stat. § 419A.262(8). Ineligible offenses in Or. Rev. Stat. § 419A.262(3)(b).	There is no statutory language regarding ineligible offenses.	Offenses listed in Or. Rev. Stat. § 419A.262(10) (A)-(C) or offenses listed in ORS 419A.260 (1)(d)(J) are ineligible.	To be eligible for expunction, the petitioner cannot be subject to any of the disqualifying events described in described in Or. Rev. Stat. § 419A.262(2) or (10)(b). Serious offenses as listed in section 419A.260(1)(d)(J) and ORS § 137.225 are not eligible for expunction, except for the adjudication that is the subject of the petition. Or. Rev. Stat. § 419A.262(10)(a)(C).	A person will be ineligible to petition under this section if the case was terminated before September 13, 1975. Or. Rev. Stat. § 419A.262(8).	See Or. Rev. Stat. § 137.225(5) - (7) for ineligible offenses.	See Or. Rev. Stat. § 137.225(5) - (7) for 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.	See ORS § 813.215 (b)-(e) for ineligible offenses.	Only Or. Rev. Stat. § 137.225 (5) - (8) is eligible.	See subsections (5), (6), (7), and (8) of this section for ineligible offenses. Or. Rev. Stat. § 137.255.		There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	This statute applies only to violations of section 6308 of title 18 which occurred on or after the person turned 18 years old. 18 Pa. Cons. Stat. § 9122.	The person is ineligible for expungement if the person was adjudicated for an offense when the person was 14 years old or older at the time of the offense which, if committed by an adult, would be classified as: (a) an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (b) an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123(a.1)(1).	The person is ineligible for expungement if the person was adjudicated for an offense when the person was 14 years old or older at the time of the offense which, if committed by an adult, would be classified as: (a) an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (b) an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123(a.1)(1).	The person is ineligible for expungement under this section if the person: (a) has a proceeding seeking adjudication or conviction pending; (b) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (c) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123.
Clearance Process	By petition or court's own motion	By petition or court's own motion	Petition-based	Petition-based	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	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	The record should be expunged when the person turns 18 years of age and at least five years has passed since the date of the person's most recent termination.	A petition can be filed at any time.	A petition can be filed five years after the date of the person's most recent termination.	A petition can be filed five years after the date of the person's most recent termination.	A petition can be filed after the person reaches 18 years of age.	The petition can be filed five years after the date of judgment.	There is a 7 year waiting period.	There is a 3-year waiting period.	There is a 1-year waiting period.	There is no waiting period.	There is no waiting period.	There is a 60 day waiting period.	The petition can be filed any time after the dismissal or acquittal, if the petitioner has no arrests in the preceding three years excluding minor vehicle violations, and no convictions in the past 10 years, excluding minor vehicle violations.	Depending on the offense, the petition may be filed one to seven years after the date of judgment.	The information is removed three years after arrest.	The petition may be filed once petition reaches age 70 and 10 years have passed since sentence completion.	The petition can be filed once petitioner reaches the age of 21.	The petition can be filed at any time after the matter is dismissed.	The petition can be filed at any time after the allegation is not approved for prosecution.	The petition can be filed at any time after the successful completion of an information adjustment.
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).	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).	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).	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.	The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 is $490. ORS § 813.240.	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).	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).	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 § 137.223 (3)(c)-(d).	There is no statutory language regarding fees.	A $132 fee must be paid to the clerk of courts. 42 Pa. Cons. Stat. § 1725.7.	A $132 fee must be paid to the clerk of courts. 42 Pa.C.S. § 1725.7.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.
Effect	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).	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).	The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).	The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).	The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).	The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).	The presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge. The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court. ORS § 144.653, ORS § 144.655.	The completion of the diversion agreement dismisses the charges with prejudice. ORS § 813.250.	The arrest is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4)	The arrest is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4).	The person is deemed not to have been found guilty except for insanity, and the court issues an order sealing the records of the case, including the records of arrest. Or. Rev. Stat. § 137.223(5)(a)(A).	The person's non-conviction information in police department records is not disclosed to the public. 18 Pa. Cons. Stat. § 9121(b)(2)(i).	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c).	Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa.C.S. §§ 9102, 9122(c).	Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102.	Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102.	Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102.
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Set Aside	Set Aside	Set Aside	Set Aside	Seal	Dismiss	Set Aside	Set Aside	Seal	Delete	Expunge	Expunge	Expunge	Expunge	Expunge

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.