Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	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).	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.
Ineligible Category or Citation	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.	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.
Clearance Process	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	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
Waiting Periods	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.	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.
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.	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.
Effect	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).	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.
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Set Aside	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Set Aside	Set Aside	Set Aside	Set Aside	Seal	Dismiss

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.