A person who has a criminal record is likely facing a host of lifestyle challenges, which are known as collateral consequences. In Oregon, it’s sometimes possible for someone with a criminal history to clear their record. The state provides two distinct ways—a set-aside or a seal.
While the terms are sometimes used interchangeably, they have different meanings under the law. It’s important to know how each one works—especially for those trying to move forward after a criminal conviction.
What is a set-aside?
Oregon uses the term set-aside rather than “expungement,” partly because they share a similar purpose. A set-aside is a legal process that clears an arrest, charge or certain convictions from a person’s public criminal record.
When a record is set aside, it’s as if the event never occurred. The record is removed from public view and can’t be used against the individual in most situations, including job applications and housing.
What is sealing?
Sealing a record means the information is still technically on file, but it’s hidden from public access. In Oregon, sealing is more commonly associated with juvenile records or specific court proceedings rather than adult criminal convictions.
A sealed record is not erased, but it’s protected from public view. Access is limited to specific circumstances, such as by court order or during certain background checks.
What are the differences?
The key difference lies in the effect: a set-aside removes the record from general existence in most public contexts, while a sealed record is more like putting the file behind a locked door. Law enforcement and certain agencies may still access sealed records when necessary.
The process of getting a record set aside or sealed can be complex. Anyone who’s considering pursuing this should discuss the matter with someone familiar with these matters.