If you or someone you love has a conviction in Oregon and is looking for relief, this guide covers both the Governor's pardon power and Oregon's set-aside process under ORS 137.225. Oregon is unusual in that the set-aside under ORS 137.225, which legally deems the conviction as if it never occurred, is often the more accessible and more complete path for most people seeking relief. A pardon from the Governor is reserved for exceptional circumstances; by the Governor's own standard, clemency will be granted only in exceptional cases when rehabilitation has been demonstrated by conduct as well as words. There is no pardon board in Oregon. The Governor acts alone, with no required recommendation from any outside body before making a clemency decision. I have been through the system myself, and most of the fear comes from not knowing how the process works. So let me walk you through it in plain language. None of this is legal advice, and every case is different, so treat this as a map and lean on a lawyer for the turns.
The set-aside: Oregon's primary record relief
Before thinking about a pardon, most people in Oregon should evaluate whether a set-aside under ORS 137.225 addresses the situation. A set-aside is Oregon's version of expungement. When a conviction is set aside under ORS 137.225, the law treats it as though the conviction never occurred. The person is deemed not to have been previously convicted. The record is not destroyed, but legally the conviction is treated as if it never happened for most civil purposes.
A set-aside restores civil rights, and under the Oregon Court of Appeals decision in Mohiadeen v. Washington County Sheriff's Office (2025), a set-aside also restores the right to possess firearms under state law. There was a significant controversy in 2024 and 2025 regarding this issue: in early 2024, the Oregon State Police began denying firearm purchases for people with set-aside convictions, claiming that federal law required them to do so. This was a sudden policy reversal that affected many Oregonians who had previously passed background checks and obtained concealed handgun licenses under Oregon law. Attorneys challenged the policy in court. By November and December 2025, OSP confirmed it was changing course: lawyers for OSP confirmed in writing that they agreed a properly completed set-aside restores firearms rights, and OSP reportedly stopped denying firearm transactions based solely on set-aside convictions on August 4, 2025. If you have a set-aside and are experiencing difficulty with firearms, consult an attorney familiar with this developing area of Oregon law.
Not all convictions are eligible for set-aside. Certain serious felonies, offenses involving sex crimes, and other offense types are excluded. Waiting periods vary by offense type and criminal history. An attorney who handles Oregon expungements can evaluate whether the specific conviction qualifies and advise on the timeline.
The set-aside is generally more accessible and faster than a pardon, and its legal effect of deeming the conviction never occurred is in some respects more complete than a pardon. The record becomes as if the conviction never happened, which is a stronger legal effect than a pardon that forgives but does not erase. Anyone seeking record relief in Oregon should evaluate this path first, because for most eligible convictions it is the better tool.
What Oregon offers: the forms of clemency
The Governor of Oregon has authority under Article V, Section 14 of the Oregon Constitution and ORS 144.649 to grant reprieves, commutations, and pardons after convictions for all crimes, and to remit after judgment all penalties and forfeitures. The clemency power may be exercised with conditions, restrictions, and limitations as the Governor thinks proper. The only exception is for treason, for which the legislature holds the pardon power.
A pardon forgives the offense and removes the legal disabilities that attached to the conviction. A commutation reduces the sentence for someone currently serving one; it does not forgive the conviction. A reprieve temporarily postpones punishment and is typically reserved for urgent circumstances requiring additional time. Remission waives financial penalties and forfeitures imposed by a court.
Who decides: the Governor alone
There is no pardon board in Oregon and no advisory body whose recommendation is required. The Governor holds all clemency authority and acts without a board's recommendation or approval; the decision is entirely the Governor's. The Governor may also act on the Governor's own initiative without any formal application from the person seeking clemency, as confirmed by the Oregon Court of Appeals in Marteeny v. Brown (2022); the service requirements discussed below apply to applications submitted by the person, not to situations where the Governor exercises the constitutional clemency power independently.
Oregon pardons are rare. Governor Tina Kotek, who took office in January 2023, had granted no pardons as of mid-2025, though she provided relief to some individuals who were inadvertently omitted from pardons granted under prior administrations. Past Governor Kate Brown issued clemency to large groups through Executive Orders, including marijuana possession pardons that covered thousands of people in Oregon. The rarity of pardons under recent Oregon governors underscores the practical importance of evaluating the set-aside process before turning to the pardon process.
The Governor's stated standard is exacting: clemency will be granted only in exceptional cases when rehabilitation has been demonstrated by conduct as well as words. This is not a routine forgiveness process; it is reserved for situations where the facts are compelling and the rehabilitation is clearly documented over time.
The application process step by step
Step one: prepare the application. No specific form is required by statute, but the Governor's Office has a standardized Executive Clemency Application that applicants are encouraged to use because it ensures all required information is included. The form can be obtained by contacting the Governor's Office or by requesting it from a counselor if the applicant is currently incarcerated. The application must be signed and must state fully the grounds for the application. It should include the applicant's name, address, date of birth, the crime or crimes convicted of and the circumstances of those crimes, the date and county of conviction, the court case number, any other post-conviction legal proceedings, and a clear explanation of the reasons why the Governor should grant clemency. Be specific about the rehabilitation accomplished and the specific need for clemency.
Step two: serve the application on the required parties (ORS 144.650). Before submitting to the Governor, the applicant must serve a signed copy of the application on all of the following: the district attorney of the county where the conviction occurred; if the applicant is housed in a correctional facility, also the district attorney of the county where that facility is located; the State Board of Parole and Post-Prison Supervision; and the Director of the Department of Corrections. Service on all four parties is required; missing any one of them is a defect in the application.
Step three: provide proof of service to the Governor. Proof of service must be provided to the Governor's Office by affidavit showing that each of the four required parties was served. The application is not considered complete without this proof of service; missing this step means the Governor cannot act on the application.
Step four: Governor's review. After the Governor receives the complete application with proof of service, the Governor may not act for 30 days from receipt; this waiting period is set by statute. During the review period, the Governor's legal staff obtains information from law enforcement agencies relevant to the case. The Governor may also seek additional information, including a statement from the applicant or the applicant's family, or a statement from the district attorney. The applicant should be responsive to any requests for information from the Governor's Office.
Step five: decision. If the Governor acts, the decision will be communicated. If the Governor has not acted within 180 days of receipt, the application is deemed denied by law. Do not expect a prompt response; the process ordinarily takes significant time, and the 180-day window is a maximum, not a typical processing speed. Given the rarity of Oregon pardons under recent governors, many applications will approach or reach the 180-day limit before a determination is made.
Contact: Office of the Governor, 160 State Capitol, 900 Court Street, Salem, Oregon 97301; telephone (503) 378-4582. There is no fee to file a clemency application.
The 180-day rule
Oregon's 180-day deemed-denied rule is one of the most distinctive procedural features in this series. If the Governor has not acted within 180 days of receipt of the application, the application is automatically deemed denied by operation of law. There is no formal denial letter required; the passage of time without action constitutes the denial. Applicants should note the date the Governor's Office receives the application, count 180 days forward, and treat that date as the effective decision date if no action has been taken. Before the 180-day window closes, it is worth following up with the Governor's Office to confirm the application was received and to ask whether additional information would be helpful.
What a pardon does in Oregon
A pardon forgives the offense and removes legal disabilities imposed by the conviction. It does not seal or expunge the record of the conviction itself; that requires a set-aside under ORS 137.225. The pardon and the set-aside are separate processes with different legal effects: the pardon is an executive act of forgiveness while the set-aside is a court order treating the conviction as if it never occurred. In Oregon, for many purposes the set-aside is the more powerful remedy because of its deemed-never-occurred effect.
Voting rights in Oregon do not require a pardon. Oregon restored voting rights to all people with felony convictions, including those currently incarcerated, in 2023, making it one of a very small number of states where people can vote from prison. A pardon is not needed for voting.
A note on federal convictions
If the conviction is a federal conviction, the Governor of Oregon cannot help you. Federal clemency is granted by the President of the United States, and applications go through the Office of the Pardon Attorney within the United States Department of Justice.
Where this leaves you
Oregon's pardon is genuinely rare. The Governor acts alone, the stated standard is exceptional circumstances with demonstrated rehabilitation by conduct, and Governor Kotek granted no pardons in her first two years in office. For most people, the set-aside under ORS 137.225 is the better and more accessible path: it deems the conviction never occurred, restores civil rights, and under the 2025 Mohiadeen decision restores state firearms rights. Evaluate set-aside eligibility with an attorney first; if the conviction qualifies for a set-aside, that is the right starting point. If the conviction is not eligible for a set-aside, or if the specific circumstances call for executive clemency that a set-aside cannot provide, prepare a signed application with the full grounds stated, serve it on all four required parties, document the service with proof by affidavit, submit the complete package to the Governor's Office at 160 State Capitol, 900 Court Street, Salem, Oregon 97301, and understand that no response within 180 days means a deemed denial by operation of law. The 30-day minimum wait before the Governor can act, combined with the 180-day outer limit, means the effective window for an Oregon clemency decision is between 30 and 180 days from receipt.