Can I Expunge a Sex Crime?

Understanding Oregon’s “Romeo & Juliet” Exception

After a conviction for a sexual offense, former criminal defendants often ask whether they can expunge (set aside) the conviction from their criminal record. Oregon’s expungement laws can be difficult to understand—especially when sex crimes are
involved.

In short: almost all sex crime convictions in Oregon are permanently barred from expungement. There is only one narrow exception, commonly referred to as the “Romeo & Juliet” exception, which applies to certain close in age, noncoercive teenage relationships. This article explains when that exception applies—and when it does not—under Oregon law.

The Sex Crime Expungement Bar

Oregon’s primary expungement statute is ORS 137.225. It allows certain convictions to be set aside (expunged) from a person’s criminal record. However, subsection (6) of the statute lists specific convictions that are excluded from expungement eligibility.

Those excluded convictions include:

(a) Criminal mistreatment in the second degree if the victim was 65 years of age or older;
(b) Criminal mistreatment in the first degree if the victim was 65 years of age or older or when the offense constitutes child abuse as defined in ORS 419B. 005;
(c) Endangering the welfare of a minor under ORS 163.575(1)(a), when the offense constitutes child abuse as defined in ORS 419B. 005;
(d) Criminally negligent homicide punishable as a Class C felony;
(e) Assault in the Third Degree under ORS 163.165(1)(h) (victim under 10 years of age); and
(f) Any sex crime, subject only to a narrow statutory exception discussed below.

Critically, ORS 137.225 expressly excludes all sex crimes from expungement eligibility unless the conviction fits precisely within the Romeo & Juliet exception. If it does not, the conviction cannot be expunged.

What Is a “Sex Crime” Under Oregon Law?

A “sex crime” is any offense defined as a sex crime under ORS 163A.005(5). This includes many felony offenses and a small number of misdemeanor offenses—often including offenses people assume are “less serious.”

Examples include:

• Any degree of rape
• Any degree of sodomy
• Any degree of unlawful sexual penetration
• Any degree of sexual abuse

A complete statutory list can be found in ORS 163A.005(5).

The Romeo & Juliet Exception Explained

Although sex crimes are generally barred from expungement, Oregon law provides a narrow exception for certain closeinage relationships commonly referred to as “Romeo & Juliet” cases.

Legally, this exception applies only when the victim’s lack of consent was due solely to age, and where the age difference, criminal history, and offense characteristics fall within strict statutory limits. Most adult or coercive sex crimes do not qualify.

There are two separate statutory routes to qualify for this exception under ORS 137.225(f):

• Option A: Expungement after relief from sex offender registration under ORS 163A.140 or 163A.150
• Option B: A limited exception for certain Class C felony sex crimes involving minors

Option A: Expungement After Relief From Registration (ORS 163A.140)

To qualify under Option A, all three of the following criteria must be met.

Option A – Criterion 1: Eligible Convictions The conviction must be one of the offenses listed in ORS 163A.140, which include:

• Rape in the third degree
• Sodomy in the third degree
• Sexual abuse in the second or third degree
• Contributing to the sexual delinquency of a minor
• Sexual misconduct
• Attempt of any of the above offenses

Option A – Criterion 2: Relief From Registration Under ORS 163A.140 or 163A.150

In addition to having an eligible conviction, the person must actually receive relief from sex offender registration under ORS 163A.140 or ORS 163A.150 by filing a petition in circuit court.

Important clarification:
Not all relief from sex offender registration qualifies for expungement. Only relief granted under ORS 163A.140 or ORS 163A.150 satisfies the Romeo & Juliet exception. Relief granted under ORS 163A.125 alone does not make a sex crime eligible for expungement.

To qualify for relief under ORS 163A.140, the petitioner must meet all of the following statutory conditions:

1. The defendant was less than five years older than the victim;
2. The victim’s lack of consent was solely due to age;
3. The victim was at least 14 years old at the time of the offense;
4. The defendant has no other sex crime convictions in Oregon or another jurisdiction; and
5. The conviction(s) involve only one victim.

Option A – Criterion 3: No Other NonExpungable Convictions

Finally, ORS 137.225(f)(A)(ii) requires that the person not have any convictions that are categorically barred from expungement. This includes, but is not limited to:

• Other sex crimes
• Ballot Measure 11 felonies
• Class A felonies
• Traffic crimes
• Any offense listed in ORS 137.225(6)

If any such conviction exists, the sex crime conviction cannot be expunged.

Option B: Class C Felony Sex Crime Exception

ORS 137.225(f)(B) provides a second, narrower route to expungement for certain Class C felony sex crimes when the person does not qualify for relief under ORS 163A.140. All of the following criteria must apply:

1. The offense is a Class C felony sex crime;
2. The defendant was under 16 years old at the time of the offense;
3. The age difference between the defendant and the victim was:
• Less than two years and 180 days, or
• Between two years and 180 days and three years and 180 days, and the court finds expungement is in the interests of justice;
4. The victim’s lack of consent was solely due to age;
5. The victim was at least 12 years old;
6. The defendant has no other nonexpungable convictions; and
7. Each conviction involves the same victim.

In practical terms:
Option B requires an age gap of no more than approximately three and a half years, and only allows the larger gap if the court makes additional findings.

In no circumstance does Option B apply if the defendant was older than 16 at the time of the offense.

Automatic Disqualifiers Under Both Options

A conviction is not eligible under either Option A or Option B if:

• There is more than one sex crime victim
• The lack of consent was due to anything other than age (coercion, force, intoxication, etc.)
• The defendant has any other non-expungable conviction

Examples of Eligible and Ineligible Romeo & Juliet Relationships

Situation 1 – Option A Eligible

Key issue: Close-in-age, registry relief granted Romeo (19) and Juliet (15) engage in a consensual relationship. Romeo is convicted of rape in the third degree solely due to Juliet’s age and is later relieved from registration under ORS 163A.140. Romeo has no other sex crimes or non-expungable convictions. He qualifies under Option A.

Situation 2 – Option B Eligible

Key issue: Both parties minors; narrow age gap Romeo (16) and Juliet (14) engage in consensual sex. Romeo is convicted of third-degree rape but is not subject to registration. He has no other disqualifying convictions. He qualifies under Option B.

Situation 3 – Not Eligible (Age Gap)

Key issue: More than five-year difference Romeo (22) and Juliet (15), Romeo is convicted of third-degree rape. Romeo is barred under both options.

Situation 4 – Not Eligible (Consent Not Solely Due to Age)

Key issue: Victim did not consent Romeo pleads to third-degree sexual abuse, but Juliet states she did not consent. The exception does not apply.

Situation 5 – Not Eligible (Multiple Victims)

Key issue: More than one victim Romeo has two separate statutory rape convictions involving different victims. Expungement is barred.

Situation 6 – Not Eligible (Adult Relationship)

Key issue: Not a teenage relationship Romeo and Juliet are adults, and Romeo commits third-degree sexual abuse against Juliet. Because both Romeo and Juliet are adults, their ages remove the case entirely from the Romeo & Juliet exception.

Conclusion

Most sex crime convictions in Oregon are not eligible for expungement. The Romeo & Juliet exception is narrow and applies only to specific, close-in-age, non-coercive relationships that meet strict statutory criteria. Although expungement is usually unavailable, many individuals may still qualify for relief from sex offender registration, including relief under ORS 163A.125. However, registration relief alone does not make a conviction expungable. Because these laws are technical and unforgiving, anyone considering expungement or relief from registration should consult an attorney who regularly handles Oregon set-aside and sex offender registration cases.