ORS 137.225 (Oregon Revised Statute)
Expungement Criteria
(1)(a) At any time after the lapse of three
years from the date of pronouncement of judgment,
any defendant who has fully complied with and performed
the sentence of the court and whose conviction is
described in subsection (5) of this section by motion
may apply to the court wherein that conviction was
entered for entry of an order setting aside the conviction;
or (b) At any time after the lapse of one year from
the date of any arrest, if no accusatory instrument
was filed, or at any time after an acquittal or a
dismissal of the charge, the arrested person may apply
to the court which would have jurisdiction over the
crime for which the person was arrested, for entry
of an order setting aside the record of such arrest.
For the purpose of computing the one-year period,
time during which the arrested person has secreted
himself or herself within or without the state shall
not be included. (5) The provisions of subsection
(1)(a) of this section apply to a conviction of:
(a)
A Class C felony, except for criminal mistreatment
in the first degree under ORS 163.205 when it would
constitute child abuse, as defined in ORS 419B.005,
or any sex crime. (b) The crime of possession of the
narcotic drug marijuana when that crime was punishable
as a felony only. (c) A crime punishable as either
a felony or a misdemeanor, in the discretion of the
court, except for:
(A)
Any sex crime; and (B) The following crimes when they
would constitute child abuse as defined in ORS 419B.005:
(i)
Criminal mistreatment in the first degree under ORS
163.205; and (ii) Endangering the welfare of a minor
under ORS 163.575 (1)(a).
(d)
A misdemeanor, including a violation of a municipal
ordinance, for which a jail sentence may be imposed,
except for endangering the welfare of a minor under
ORS 163.575 (1)(a) when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(e) A violation, whether under state law or local
ordinance. (f) An offense committed before January
1, 1972, which if committed after that date would
be:
(A)
A Class C felony, except for any sex crime or for
the following crimes when they would constitute child
abuse as defined in ORS 419B.005:
(i)
Criminal mistreatment in the first degree under ORS
163.205; and (ii) Endangering the welfare of a minor
under ORS 163.575 (1)(a).
(B)
A crime punishable as either a felony or a misdemeanor,
in the discretion of the court, except for any sex
crime or for the following crimes when they would
constitute child abuse as defined in ORS 419B.005:
(i)
Criminal mistreatment in the first degree under ORS
163.205; and (ii) Endangering the welfare of a minor
under ORS 163.575 (1)(a).
(C)
A misdemeanor, except for endangering the welfare
of a minor under ORS 163.575 (1)(a) when it would
constitute child abuse, as defined in ORS 419B.005,
or any sex crime. (D) A violation.
(6)
Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not
apply to:
(a)
A person convicted of, or arrested for, a state or
municipal traffic offense; (b) A person convicted,
within the 10-year period immediately preceding the
filing of the motion pursuant to subsection (1) of
this section, of any 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 or conviction that is sought
to be set aside. Notwithstanding subsection (1) of
this section, a conviction which has been set aside
under this section shall be considered for the purpose
of determining whether this paragraph is applicable;
or (c) A person who at the time the motion authorized
by subsection (1) of this section is pending before
the court is under charge of commission of any crime.
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