Oregon Expungement, Set Aside & Court Record Removal

Oregon's "Set Aside" - What ORS 137.225 Does and Does Not Do

Oregon uses the term set aside under ORS 137.225 for what most other states call expungement. The terminology difference is not merely semantic - Oregon's set aside has specific legal effects that are important to understand before relying on it to address an online record problem.

When an Oregon court grants a set aside, it sets aside the conviction, dismisses the underlying charge, and allows you to represent in most contexts that you have not been convicted of that crime. Legally, you regain many civil rights associated with the conviction. However, set aside does not physically destroy the court file. The record continues to exist in restricted form, and the court's Odyssey case management system retains the data - it simply restricts public access. Learn more about expungement vs. record sealing on our blog.

Critically: a set aside order seals the official court record and notifies the Oregon State Police Criminal Justice Information Services (CJIS) division to restrict the criminal history record. But it does not update Google, data broker sites, or any third-party system that previously indexed the case from the courts.oregon.gov public portal. Learn more about court record removal on our blog.

How Oregon's Set Aside Process Works

The set aside process in Oregon requires filing a petition in the circuit court where the conviction or arrest occurred. Oregon's process is more straightforward in some respects than other states - there is no prosecutor hearing in most cases - but the practical timeline still takes several months from filing to a final order. For more information, visit the Oregon Courts.

Filing the Petition

A set aside petition under ORS 137.225 is filed in the circuit court of conviction. The petition must include a certified copy of the judgment of conviction (or arrest record), an affidavit describing the petitioner's rehabilitation and circumstances, and any required filing fees (varies by county, typically $100-$175). The district attorney and any identified victims receive notice and have the right to object. If no objection is filed, the court may grant the set aside without a hearing in many cases. Learn more about background check reports on our blog.

What the Order Covers

A set aside order typically covers:

• The conviction record in the circuit court case management system (Odyssey)
• The Oregon State Police CJIS criminal history record
• Public access to the case through the courts.oregon.gov case information portal
• Any associated arrest record for the same offense

Why Oregon Court Records Persist Online After a Set Aside

A successfully granted and processed set aside addresses the official court record. But the internet is a different problem entirely - one that requires its own systematic approach. For more information, visit the Oregon Legislature.

courts.oregon.gov and Oregon eCourt

Oregon's statewide case information system is accessible through courts.oregon.gov. When a set aside is granted and processed, the circuit court clerk updates the Odyssey case management system and the public-facing case search should restrict the case from public view. However, there is typically a delay of 1 to 4 weeks between the signing of the order and the portal update. During that window - and potentially for months afterward - Google may continue to display cached versions of the courts.oregon.gov case pages.

Oregon State Police CJIS Criminal History

The Oregon State Police Criminal Justice Information Services (CJIS) division maintains the state's centralized criminal history repository. After a set aside order, the circuit court notifies OSP CJIS to restrict the record. OSP CJIS should update the criminal history within a few weeks, but private background check services that previously obtained Oregon criminal history data may retain unsealed records in their own systems and must be addressed separately.

Data Broker and Aggregator Sites

Data aggregators like Spokeo, BeenVerified, TruthFinder, Intelius, and dozens of others compile criminal profiles independently of the official court system. Oregon's set aside has no legal effect on these sites - each must be contacted individually with opt-out requests. Because Oregon courts use Odyssey, which is a widely used nationwide case management platform, some aggregators have broader access to Oregon case data than states using proprietary systems.

CourtListener and Legal Databases

CourtListener indexes Oregon Court of Appeals and Oregon Supreme Court opinions. If your case resulted in an appellate decision, that decision may be indexed by CourtListener, Justia, and legal research platforms independently of the trial court record. Appellate opinions are not sealed by a trial court set aside order - they would require a separate petition at the appellate level. However, Google may de-index specific URLs referencing sealed records through the Personal Information Removal Tool.

How to Remove Oregon Court Records from Google and Data Broker Sites

After obtaining a set aside in Oregon, the following steps address the online dimension of your record. Each source must be addressed separately.

1. 1
   File your set aside petition in the correct Oregon circuit court
   File under ORS 137.225 in the circuit court of the county where the conviction occurred. File with a certified copy of the judgment, a supporting affidavit, and the required filing fee. Serve the district attorney and any identified victims as required. Most uncontested set aside petitions are resolved in 2 to 4 months; contested petitions requiring a hearing take longer.
2. 2
   Confirm courts.oregon.gov is updated
   After receiving the signed set aside order, search your name on courts.oregon.gov to confirm the case no longer appears in public case search results. Allow 2 to 4 weeks for the Odyssey system to process the restriction. If the case still appears after 4 weeks, contact the circuit court clerk directly with a copy of the set aside order and request manual confirmation of the update. Note the specific URLs that previously showed your case for the Google removal step.
3. 3
   Confirm OSP CJIS criminal history is updated
   Contact the Oregon State Police CJIS division to confirm your criminal history record has been restricted. You can request a copy of your own Oregon criminal history report before and after the set aside to verify the change. Allow 4 to 6 weeks after the court order for OSP CJIS processing. If a background check service returns your set aside record, request the source of their data and submit your set aside order directly to that service.
4. 4
   Audit Google results and use the Outdated Content Removal Tool
   Search Google for your name, county, charge, and year in multiple combinations. Document every URL showing your record. Once courts.oregon.gov has restricted the case, submit the specific courts.oregon.gov URLs to Google's Outdated Content Removal Tool (removals.google.com) to de-cache pages that previously showed your record but now return a restricted or 404 response. This is the most effective tool for removing Google results that originated from court portal pages.
5. 5
   Submit opt-out requests to data broker and aggregator sites
   Submit removal requests to Spokeo, BeenVerified, TruthFinder, Intelius, PeopleFinder, Whitepages, and all others showing your record. Each has a separate process - most require documentation of the set aside order. Set calendar reminders to recheck every 90 days, as Oregon court data indexed through Odyssey-connected aggregators can be repopulated from cached data sources even after the primary portal is restricted.
6. 6
   Use Google's Personal Information Removal Tool for remaining results
   For URLs that are not courts.oregon.gov pages - such as data broker profiles, news articles, or legal databases - use Google's Personal Information Removal Tool (myaccount.google.com/delete-services-or-account) after the underlying source page has been removed or restricted. This tool is appropriate for pages that Google has cached and continues to surface in search results after the source content has been updated or removed.

Attorney vs. Reputation Management: Which Do You Need in Oregon?

In Oregon, these two professional services address completely different problems and are often needed in sequence. The legal process must come first - but completing the legal process often leaves the online visibility to be addressed separately.

When an Oregon Criminal Defense Attorney Is Essential

• You need to file a set aside petition under ORS 137.225 and want representation, especially if the district attorney may object
• Your eligibility is uncertain - for example, if you have a Class B felony and are unsure whether the specific charge falls within the categorical exclusions
• The district attorney has filed an objection to your petition and a hearing is required
• You are addressing a federal conviction, which operates entirely outside Oregon's set aside framework

When Reputation Management Is the Right Tool

• Your set aside order is in hand but courts.oregon.gov-sourced Google results are still surfacing your case
• Your offense is categorically excluded from set aside (DUII, Class A felony, sex offense) but you need to manage online visibility
• Data broker profiles are being repopulated from Odyssey-connected data sources after opt-outs are submitted
• An appellate opinion referencing your case is indexed by CourtListener or Justia and surfacing in search results