Fill and Sign the Arrested Not Charged Form

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INSTRUCTIONS OR-EXP-CRIA Motion, Affidavit in Support of Motion, and Order Sealing Records [ORS 137.225] Forms included: Form 1- Motion to Set Aside Records of Arrest Form 2 – Affidavit in Support of Motion to Set Aside Records of Arrest Form 3 – Order to Set Aside Records of Arrest Qualification: You were arrested and a charge(s) was filed in Court against you: The charge(s) was later dismissed, or you were acquitted (found not guilty). You were not convicted of any charge(s) resulting from the arrest. Procedure A. You need to complete the forms and have your signature notarized on the Affidavit. Do not sign the Affidavit until you are in the presence of a Notary. Complete all the information on the Motion and the Affidavit, but complete only your name portion of the Order. You will receive a case number to put on all the forms when you actually file the forms. B. You will need a complete set of your fingerprints. The fingerprint card should contain the notation, "Motion for setting aside arrest record.” C. You can check with the Clerk of the Court to determine the law enforcement agency in your area that will fingerprint civilians and are accepted by the Court. There is usually a fee. D. Copies - In addition to the original forms that you will file with the Court, you are required to serve (give) the District Attorney's Office with a copy of the Motion and the Affidavit that you are filing with the Court. So, when you have completed the forms, make a copy of the Motion and the Affidavit. You may wish to make a copy for yourself as you will be filing the originals with the Court. E. Service on the DA - When you have a complete set of your fingerprints, completed the forms, and made copies, take the District Attorney copies to their office. With their copies, also provide the set of your fingerprints. F. Take all the original forms to the Court Clerk at the County Courthouse. Make sure that you have completed all the blanks on the Motion and the Affidavit, except for the case number line, and have filled in your name on the Order form. Make sure that you have signed and have had your signature witnessed on the Affidavit. Court staff will assist you in filing your documents and will take the required filing fee. G. The District Attorney has a right to object to your request to have the records of your arrest set aside. They will send your fingerprints to the State Identification Bureau to confirm your identity and to see if there have been any other incidents that would cause them to want to object to your request. When the State Identification Bureau has completed their investigation, they will send the results back to the District Attorney and the Court, (this process can take up to 90 days to complete). The Court will then decide, based on the information, whether to grant or deny your request. If the Court grants your request, a Judge will sign the Order that you submitted and order that copies of it be sent to those agencies that have your arrest records. The 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court will also order the Court's file which contains your request be sealed. If the Court denies your request, a notice will be sent to you advising you that your request was denied. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _______________ _______________________________, ) Case No. _________________ Plaintiff, ) v. ) MOTION TO SET ASIDE RECORDS OF ARREST State of Oregon, ) (O.R.S. 137.225) Defendant ) Comes now the Plaintiff in this matter, and respectfully moves the Court for an Order setting aside and sealing the arrest records of the plaintiff. Said arrest occurred on __________________, and did not result in the filing of an accusatory instrument. This Motion is based upon the record herein and upon the attached Affidavit. ____________________________________ Signature of Plaintiff ____________________________________ Plaintiff’s Date of Birth ____________________________________ ____________________________________ Plaintiff’s Mailing Address 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ________________ State of Oregon, ) Case No. _________________ Plaintiff, ) v. ) AFFIDAVIT IN SUPPORT OF MOTION TO SET ASIDE RECORDS OF ARREST _______________________________, ) Defendant ) STATE OF OREGON ) ) ss COUNTY OF ____________ ) I, _____________________________, do hereby depose and say that: I am the Plaintiff herein, and I am filing this Affidavit in Support of my Motion to Set Aside and to seal the records of my arrest. This arrest occurred more than one (1) year ago. I have no criminal cases presently pending against me in any court. I have no criminal convictions in the ten (10) year period immediately preceding the filing of this motion, excluding motor vehicle violations. I have not 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 had a conviction set aside in the ten (10) year period immediately preceding the filing of this Motion and have no other similar motions pending in this or any other court. I have not been arrested for any other matter unassociated with this within the last three (3) years, excluding motor vehicle violations. A copy of this Affidavit and a copy of my Motion to Set Aside and Seal Records of Arrest have been served upon the District Attorney of _____________ County. A complete set of my fingerprints has been served on the District Attorney of _____________ County. I am not now charged with the alleged commission of any crime. The arrest that I am seeking to have set aside occurred on __________________. The charge(s) that I was arrested for on the above date were _________________ ________________________________________________________________________ Arresting agency and incident number (if known): ________________________. Dated this _____ day of ___________________, ______. ____________________________________ Signature of Plaintiff SUBSCRIBED AND SWORN TO before me this _____ day of ___________________, _____. __________________________________ Notary Public of Oregon/ Deputy Clerk of Court My Commission Expires: ______________ 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________________ ) State of Oregon, ) Case No. _________________ Plaintiff ) v. ) ORDER TO SET ASIDE CONVICTION _______________________________, ) AND SEAL RECORDS OF ARREST Defendant ) THIS MATTER having come before the Court upon the Motion of the Plaintiff for an Order Setting Aside Conviction and Sealing Records of Arrest, pursuant to ORS 137.225; the State of Oregon appearing by and through the District Attorney for _______________ County and the Court having reviewed the records and being fully advised, finds as follows: A. A copy of the Motion to Set Aside, Affidavit in Support and a complete set of the plaintiff’s fingerprints were served upon the District Attorney for _____________ County. B. The Oregon State Police Bureau of Identification and Information has made positive identification of this plaintiff and further identified this plaintiff by: FBI Identification Number: _________________________ Oregon State Bureau Number: _______________________ Submitting Agency Number: ________________________ 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date of Arrest: ______________________________ Arrested on Charges of: ____________________________________________________ ________________________________________________________________________ C. That the circumstances and behavior of the Plaintiff since the date of arrest are found to warrant setting aside records of that conviction and arrest. NOW, THEREFORE, IT IS HEREBY ORDERED that the record of arrest maintained by any law enforcement agency regarding the plaintiff and the arrest, dated _______________________________be, and same is, hereby set aside and the Defendant herein is deemed not to have previously been arrested of said crime; and IT IS FURTHER ORDERED, that the Clerk of the Court shall forward a certified copy of this order to all appropriate criminal justice agencies. IT IS FINALLY ORDERED that thereafter the record of this action herein shall be sealed together with other official Court records in this case, including investigation reports of involved law enforcement agencies concerning the criminal episode. IT IS SO ORDERED this _____ day of ___________________, _______. ____________________________________ Judge 7