Oregon: Adult Non-Conviction Arrests (OR-NC-3)

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).

Record Detail(s)

No conviction obtained

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Seal

Procedure General

The petition must be filed in the court that heard the case. For the specific procedure, see Or. Rev. Stat. § 137.223.

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 § 137.223 (3)(c)-(d).

Effect

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).

Forms

There is no statutory language.

Waiting Periods

Depending on the offense, the petition may be filed one to seven years after the date of judgment.

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