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| Clearance policy overview | Records related to a case ending in dismissal or acquittal can be expunged by the court immediately if the charges resulted from being a victim of human trafficking. ORC Ann. § 2953.521. | Records relating to a criminal offense may be expunged by the court upon acquittal or the expiration of the statute of limitations period without charges being filed. 22 Okl. St. § 18(A)(1) and (5). | Records relating to not more than two felony convictions can be expunged by the court 10 years after the last felony or misdemeanor conviction, so long as the person has no pending charges. 22 Okl. St. § 18(A)(13). | Records relating to a felony conviction for a crime which has subsequently been reclassified as a misdemeanor can be expunged by the court after completion of sentence and any treatment programs ordered by the court. 22 Okl. St. § 18(A)(15). | 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 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). |
| Ineligible Category or Citation | There is no statutory language on ineligibility. | There is no statutory language regarding ineligible offenses. | Offenses listed in 21 Okl. St. § 13.1 and any offense that would require the person to register pursuant to the provisions of the Sex Offenders Registration Act are ineligible for expungement. | Only felony convictions for crimes which have been subsequently reclassified as misdemeanors are eligible under this policy. | 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. | 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. |
| Clearance Process | Petition-based | Petition-based | Petition-based | 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 | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The petition may be filed at any time. | The petition can be filed upon acquittal or after the statute of limitations period has expired with no charges filed. 22 Okl. St. § 18(A)(1) and (5). | The petition can be filed 20 years after sentence completion so long as petitioner has received a full pardon. | There is a 1-year waiting period. | 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 judgment. | There is a 7 year waiting period. | There is a 3-year waiting period. |
| Fees | There is no statutory language on 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). | 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). |
| Effect | The proceedings in the case shall be considered not to have occurred and the official records shall be expunged. The official records shall not be used for any purpose, including a criminal records check under section 109.572 of the Revised Code. The applicant may, and the court shall, reply that no record exists with respect to the applicant upon any inquiry into the matter. ORC Ann. § 2953.521(G). | "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. | "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. | "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. | 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). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Set Aside | Set Aside | Set Aside | Set Aside |
