If you have questions about the process and requirements to get an Oregon set-aside, you’ve come to the right page. The good news is that eligibility for set-asides is broad, so many charges and convictions qualify. Because of that, a set-aside is a great record clearance option for many people. On this page, we’ll explain what a set-aside is, who qualifies, and how we can help you navigate the process.
What Is an Oregon Set-Aside?
Before we dive into set-asides, here’s an overview of what we’ll be covering. In Oregon, a set-aside is a type of record clearance that removes criminal cases from your public record. When a case is set aside, the court seals the record so that the charge or conviction can’t be accessed by the public. This can make it easier to access work, housing, and other opportunities.
The Set-Aside Process in Oregon
There are several steps in the set-aside process. First, you have to prepare your petition. Then, it is reviewed. Finally, if everything is successful, your set-aside is granted. We’ll go through each of these steps, and how we can help you navigate them, in more detail below.
Prep
The set-aside process in Oregon begins with checking your eligibility. We make this process simple with our eligibility tool. All you have to do is answer a few questions, and we will return what we found on your record, along with your eligibility for clearance.
If you are eligible you have to prepare a petition asking the court to set aside the case. This petition includes basic information about the case, like the charge and count number. It also confirms that the waiting period has passed and that you completed all of the court's requirements. To confirm the information provided, the court performs a background check. We can help you prepare this petition quickly and affordably.
Review
Next, the petition must be filed with the court. After filing, the request is sent to the prosecuting attorney and the victim of the crime is notified. Both the prosecutor and the victim have the opportunity to object to the request before the judge makes a decision. If an objection is received, the court will hold a hearing. We can represent you if a hearing is held.
If there is a hearing for your case, the court starts by double checking your eligibility. Even if you are technically eligible, the court can deny your application if you pose a ‘risk to public safety.’ The court only considers criminal behavior when deciding this. In other words, traffic citations, civil liability, and debts do not count against you. Once the hearing is complete or 120 days pass without an objection, the court decides whether or not to grant your petition.
Granted
If they grant your petition, the court then issues two orders. The first order has all of the information related to the charge, and ‘sets the charge aside.’ The state also issues an order to seal the record. After these orders are filed, your record has been officially set-aside!
To recap, to get an Oregon set-aside you must:
- Review your record to identify eligible cases
- Prepare and file a set-aside petition with the correct court
- Allow time for review by the prosecutor and the judge
- Possibly have a hearing
- Receive a court order if the petition is granted
While this may seem like a lot, we can help you every step of the way!
Which Cases Qualify for an Oregon Set-Aside?
Eligibility for an Oregon set-aside depends on several factors. In general, courts grant set-asides based on the type of offense, the amount of time that has passed, and the person’s conduct after the conviction. Meeting these requirements does not guarantee approval, but failing to meet them guarantees denial.
How Time Affects an Oregon Set-Aside
One key factor is the amount of time that has passed since the case ended. We call this the waiting period. The waiting period starts after your conviction or release from jail or prison, whichever comes later.
Different types of cases have different waiting periods. Usually, wait times are:
- Any time after an acquittal or dismissal, if the case is not DUI-diversion related or a contempt finding related to a protective order
- 60 days if no accusatory instrument is filed and the case is not DUI-diversion related or a contempt finding related to a protective order
- 1 year for specific marijuana charges
- 1 year for a class B or C Misdemeanor
- 3 years for a class A Misdemeanor
- 5 years for a class C felony
- 5 years for violating an order related to abuse or person crime
- 7 Years for a class B felony
Courts also review whether new offenses occurred during the waiting period. These reviews ‘look back’ from the date of your application. If you are convicted of a crime or have an open case before the waiting period ends, it makes you ineligible for clearance. The same goes for violating court orders related to abuse or person crimes. If you get a single new violation or a traffic violation in the crime-free period, you are still eligible for a set-aside. You must meet both time and crime-free requirements to be eligible.
How Severity Affects an Oregon Set-Aside
The seriousness of the offense also affects eligibility. Most misdemeanors are eligible, unless they are a disqualified offense. If your crime is too severe, you will have to combine different options to clear your record.
Some offenses cannot be set aside under Oregon law. These exclusions usually apply to more serious crimes. All class A felonies are ineligible to be set-aside. Those cases require a reduction or pardon. Similarly, any class B felony that involves a weapon or is a ‘person felony’ is ineligible. Generally, person felonies refer to cases where serious harm is caused to a victim. Every other class of crime is eligible, unless they are a disqualified offense.
Disqualified offenses are not eligible for a set-aside. A case that involves elder or child abuse is always ineligible, as are cases that involve criminally negligent homicide and assault in the third degree. Most crimes of a sexual nature are also ineligible, unless they meet very specific criteria. In order for these types of crimes to qualify, they must:
- Be a specific type, no longer have reporting requirements, and not appear on a record alongside another un-set-asideable crime
- OR Be a class C felony where
- The record holder was under 16
- The record holder is 2.5 to 3.5 years older than the victim
- The victim was older than 12 and not incapacitated (other than by virtue of their age)
- The crime does not appear alongside other un-set-asideable crimes
- Meets all of these requirements for each victim
All other crimes are eligible to be set-aside. That means that if your crime is not of a type mentioned above, you likely qualify.
Completion
Another key factor in eligibility is case completion. Before a court can grant a set-aside, the sentence must be fully completed. This includes probation, payment of fines, and any required programs. If you violate probation you must wait 3 years from the date of that violation or for the rest of your wait time, whichever is longerAlso, if you have any open cases at the time of your application, you are ineligible for a set-aside.
If any part of the sentence remains incomplete, the court will not approve the petition. Because of this, it is important to confirm that the case is fully closed before starting the process. You must close all cases, complete probation, and pay all restitution before you are eligible for a set-aside.
Taken together, time, severity, and completion determine whether a case qualifies for an Oregon set-aside. Luckily, we can help you determine whether or not your record is eligible, and which strategy is right for you.
Start Today
There are a variety of benefits that come with a clear record. We’ll cover some of those benefits below. We’ll also cover how we can help you navigate the entire Oregon set-aside process to access these benefits.
Benefits
A successful set-aside can make a meaningful difference in daily life. When a case is set aside, your record is changed so that it is harder to access and it is like the crimes did not occur. Because of this, a set-aside may remove barriers that people often face after a criminal case.
Because of its effects, a set-aside may help with a lot of things, including:
- Applying for jobs - Most employers run background checks on new employees. Once your record is set-aside, it no longer shows up on these checks.
- Professional licensing applications - Many professions have licensing requirements. While Oregon law has safeguards in place for people with records, this process is a lot easier if your record is set-aside.
- Renting housing - Many landlords run background checks. Once your record has been set-aside, however, it no longer appears on background checks and you can access improved housing.
- Rights restoration - Sometimes the State limits or takes away your rights, especially if you go to prison. While many of these rights are restored once your sentence ends, a set-aside can also help restore them.
- No more stigma - Often, there is a stigma associated with a criminal record. This can have a big and hard-to-see impact. For many, a clear record gets rid of this stigma.
Whatever your reasons, we’re here to help you get a set-aside.
How We Can Help
Understanding eligibility rules and preparing petitions can take time. At Rasa Legal, we help people explore their record clearance options. Our eligibility tool is designed to help you quickly review eligibility and see which cases may qualify for relief. All you have to do is enter some basic information, and we take care of the rest.
While set-asides are a common option, they are not the only path available. Depending on the situation, a person may have other options that work better for their record. We can help you develop a strategy that works for your record.
We don’t offer services in Oregon quite yet, but you can sign up here to be notified when our services go live.