The ORS 137.225 Law Guide: Oregon Set Aside Law
If you’ve made big changes in your life but still have past convictions following you, ORS 137.225, or the Oregon Set Aside Law, may be able to help. Under certain conditions, this law allows you to have specific criminal convictions, arrests, and other records cleared or “set aside” from your public record.
So how exactly does a motion to set aside judgment in Oregon work? And who is eligible? Read on to find out everything you need to know about this law. If you need a lawyer in Portland, we can help! We’re located in Beaverton but we serve the entire area including Hillsboro and Clackamas County.
What Is ORS 137.225?
ORS 137.225, also called the Set Aside Law, is an Oregon law that allows some people to erase or “seal” certain criminal records. In essence, it’s a way for people to start over with a fresh slate as if they’d never committed the crime.
How Does It Work?
So how does ORS 137.225 work? First, you have to be eligible. Serious violent crimes or certain sexual offenses don’t qualify, but aside from those, if you’ve completed your sentence and kept your nose clean for a certain amount of time, you can apply for an expungement.
Once the criminal record has been expunged, it won’t show up in background checks for most things, like applications for jobs or housing. Plus, in most cases, you can legally say you haven’t been convicted of that crime. The record is only accessible by law enforcement or for specific legal purposes but hidden from the public record.
ORS 137.225 was created to help rehabilitate individuals by giving them a clean slate. This can be critical for obtaining jobs, housing, and other opportunities that can be limited by a criminal record.
Who Is Eligible?
Per ORS 137.225, you are eligible to apply for a motion to set aside if you’ve completed your sentence and have not committed further crimes during a specified waiting period, which depends on the type of conviction:
Class B Felony: Seven years after the conviction or the release, whichever is later.
Class C Felony: Five years after the date of conviction or release, whichever is later.
Class A Misdemeanor: Three years after the date of convection or the release, whichever is later.
Class B or C Misdemeanor, violation, or finding for contempt of court: One year from the conviction, finding, or release, whichever is later.
Who Is Not Eligible?
You are not eligible to apply for a motion to set aside judgment in Oregon if:
You’ve been convicted of a serious violent crime like murder, manslaughter, criminally negligent homicide, or assault that causes serious physical injury.
You’ve been convicted of certain sex offenses, like rape, sodomy, sexual abuse, unlawful sexual penetration, and any crime that requires registration as a sex offender.
You have been convicted of another crime during the waiting period.
You have charges pending for any new crime.
You have a traffic citation or DUI conviction. Traffic offenses and DUI convictions are usually not eligible for expungement under ORS 137.225.
You’ve been convicted of a Class A felony (except for marijuana-related offenses in some circumstances).
You’ve been convicted of a federal crime or a crime outside of Oregon.
What Is the Process Like?
The process to have your criminal record set aside is fairly simple. To have your record expunged, you must file a petition for expungement in the county where the conviction occurred or the citation was issued. Once you’ve filled the petition out, you’ll want to make two copies: one to keep and one to serve the prosecuting attorney.
In order to file the motion to set aside judgment in Oregon, you’ll need to pay a $33 fee per conviction you’re asking to be set aside. The fee, plus a fingerprint card, and a Request for Set Aside Criminal Record Check form must be submitted to the Oregon State Police.
If your set aside motion is approved by the court, the records related to the eligible conviction or arrest are sealed, and no longer accessible in background checks or to the general public.
How Long Does It Take?
Before you can apply, you’ll have to make it through a waiting period of one to ten years before you’re eligible. Once the process is set in motion, the prosecuting attorney has 120 days to object. If they object, the court will hold a hearing. You’ll need to appear at the hearing, so make sure to give the court your contact information if anything changes. If you don’t show up to the hearing, your set-aside won’t be granted.
Where to Get the Forms
In order to have your criminal records sealed, you’ll need to fill out a Motion to Set Aside Judgment or Arrest form as well as a Request for Set Aside Criminal Record Check. You can find these forms in a number of places, including:
The county circuit court website
Legal aid services, like Oregon Law Help
Self-help centers or clerks at the county courthouse
How an Attorney Can Help You
While you aren’t required to hire an attorney, sometimes it can be helpful to consult a lawyer for legal advice when it comes to ORS 137.225. An experienced attorney can be an invaluable resource when filing a motion to set aside judgment in Oregon, especially given recent legal updates like those affecting gun rights. Here’s how an attorney can help you:
Determine eligibility: An attorney will review your criminal record to confirm whether or not your conviction qualifies for expungement.
Navigate the process: Attorneys handle the complex paperwork ensuring that your forms are all properly completed and filed. They’ll also communicate with the court and prosecutor on your behalf.
Advocate at hearings: If the district attorney objects to your motion, an attorney will argue your case at the hearing and address any issues raised by the judge or prosecutor.
Address legal complications: As of 2024, changes in Oregon State Police policy regarding firearms state that a set aside does not restore firearms rights. In order to have your rights restored, you’ll need to go through the legal process. An experienced attorney can help you navigate this complex process.
ORS 137.225 Conclusion
According to ORS 137.225, you may be able to have certain convictions expunged from your record. The process can take a bit of time, but ultimately, it can help you find employment and housing more easily.
If you’re looking to file a motion to set aside judgment in Oregon, Powell Law can help. We’ll review your criminal record and help you determine whether or not you’re eligible. Plus, if your convictions have prevented you from purchasing guns, we can help you through the process of restoring your gun rights. Contact us today for a consultation.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
