In Oregon, most Class C felonies and many Class B felonies can be expunged — the state calls it a “set-aside” under ORS 137.225. Class A felonies cannot be cleared at all, and neither can most person felonies, sex crimes, or traffic crimes. Eligibility depends on the offense’s classification, whether it’s considered a crime against a person, and whether the statute names it as an exclusion.
Class C Felonies
Nearly all Class C felony convictions qualify. These are typically lower-level offenses involving property, drug possession, and certain fraud charges.1Oregon State Legislature. Oregon Code 137.225 – Order Setting Aside Conviction, Contempt Finding or Record of Criminal Charge The default is eligibility; the statute then pulls a handful of specific Class C felonies back out.
The named Class C exclusions are:
- Criminally negligent homicide when punishable as a Class C felony
- Criminal mistreatment in the second degree if the victim was 65 or older
- Criminal mistreatment in the first degree if the victim was 65 or older, or if the offense involved child abuse
- Endangering the welfare of a minor when the offense constitutes child abuse
- Assault in the third degree under ORS 163.165(1)(h)
If your Class C conviction isn’t on that list, it is almost certainly eligible on the offense-type question, though you still have to clear the waiting period and personal conduct requirements described below.
Class B Felonies
Class B felonies are eligible as long as they are not classified as “person felonies” by the Oregon Criminal Justice Commission and do not involve the use of a firearm during a felony under ORS 166.429.1Oregon State Legislature. Oregon Code 137.225 – Order Setting Aside Conviction, Contempt Finding or Record of Criminal Charge In practice, that opens the door for many Class B drug offenses and non-violent property crimes. The person-felony label is the dividing line. If the Commission classifies the offense as a crime against a person, assume it’s blocked unless it appears on the short exception list.
The Person-Felony Exceptions
A small set of Class B person felonies can still be set aside despite the general rule:2Oregon Public Law. Oregon Revised Statutes 137.225 – Order Setting Aside Conviction or Record of Criminal Charge
- Abandonment of a child
- Attempted assault in the second degree
- Assault in the third degree
- Coercion
- Attempted escape in the first degree
- Criminal mistreatment in the first degree, only when the offense did not involve child abuse and the victim was not 65 or older
- Incest, under limited conditions specified in the statute
Old Marijuana Felonies
Oregon created a separate pathway for marijuana convictions that no longer match current law. Under ORS 137.226, anyone convicted of a marijuana-related offense based on conduct that happened before April 21, 2017 can petition to have the court reclassify the offense as if it had occurred after that date. If the conduct is no longer a crime, the court treats it as a Class C misdemeanor for eligibility purposes.3Oregon State Legislature. Oregon Code 137.226 – Eligibility for Order Setting Aside Certain Marijuana Convictions Someone who received a Class A or B felony for marijuana manufacturing years ago may now qualify for a set-aside they could not get under the normal rules.
Felonies That Cannot Be Expunged
Oregon permanently bars several categories, no matter how much time has passed or how clean the person’s life has been since.
Class A Felonies
Class A felonies are not listed among the eligible offenses in ORS 137.225 and are excluded entirely.1Oregon State Legislature. Oregon Code 137.225 – Order Setting Aside Conviction, Contempt Finding or Record of Criminal Charge These are Oregon’s most serious offenses, including murder, first-degree rape, first-degree robbery, and first-degree assault. The only narrow opening is for pre-decriminalization marijuana convictions originally charged as Class A felonies, which may qualify for reclassification under ORS 137.226.
Most Class B Person Felonies
Class B felonies classified as person crimes are generally ineligible. Outside the short exception list above, convictions like second-degree assault, second-degree robbery, and kidnapping cannot be cleared. Any felony that involved use of a firearm under ORS 166.429 is specifically excluded.1Oregon State Legislature. Oregon Code 137.225 – Order Setting Aside Conviction, Contempt Finding or Record of Criminal Charge
Sex Crimes
Felony sex crimes are barred, with two narrow exceptions. First, if the offense appears on the list in ORS 163A.140(1)(a) and the person has already been relieved by court order of the duty to register as a sex offender, a set-aside may be possible. Second, a Class C felony sex offense committed by someone under 16 who was close in age to the victim (generally less than about two and a half years older), where the victim was at least 12, may qualify.1Oregon State Legislature. Oregon Code 137.225 – Order Setting Aside Conviction, Contempt Finding or Record of Criminal Charge Outside those narrow situations, sex crime convictions stay on the record.
Traffic Crimes
All traffic crimes are ineligible. The most common example is felony DUII, which cannot be set aside no matter how long ago it happened.4Oregon Judicial Department. Setting Aside an Arrest, Dismissal and/or Conviction The bar extends even to DUII cases dismissed after a diversion program.
Waiting Periods
Having an eligible conviction is the start, not the finish. Oregon requires time to pass before you can file:
- Class C felony: 5 years
- Class B felony: 7 years
The clock starts on the date of conviction or the date of release from imprisonment, whichever is later. Someone still on post-prison supervision has not yet started it, because the statute treats a person still serving any part of a sentence as not having “fully complied with” it.1Oregon State Legislature. Oregon Code 137.225 – Order Setting Aside Conviction, Contempt Finding or Record of Criminal Charge If you finished a prison term and then spent three years on supervised release, the waiting period began when supervision ended.
Personal Conduct Requirements
Beyond offense type and timing, you have to satisfy a few conditions about your own record and obligations.
You must have fully complied with every part of your sentence, including probation, post-prison supervision, and all financial obligations such as restitution, fines, and fees. If restitution to a victim is still owed, the court will not grant the motion.1Oregon State Legislature. Oregon Code 137.225 – Order Setting Aside Conviction, Contempt Finding or Record of Criminal Charge
You cannot have any open criminal charges when you file.5Oregon Judicial Department. Criminal Set-Aside Adult Cases
And you cannot have been convicted of another crime during the required waiting period, aside from a motor vehicle violation or a single violation-level offense.5Oregon Judicial Department. Criminal Set-Aside Adult Cases This is where people most often trip up. A new misdemeanor conviction partway through the waiting period restarts the analysis.
A Warning for Non-Citizens
A set-aside is powerful inside Oregon, but it does not necessarily help with federal immigration consequences. Federal immigration law uses its own definition of “conviction.” USCIS treats a conviction as still valid when it was vacated for rehabilitative reasons rather than a constitutional or procedural defect in the original case.6U.S. Citizenship and Immigration Services. Policy Manual – Adjudicative Factors Oregon’s set-aside is rehabilitative by design, so USCIS will usually still treat the original conviction as valid for deportation, inadmissibility, and naturalization purposes. If you are not a U.S. citizen, talk to an immigration attorney before filing.