Oregon Motion to Set Aside Conviction and Seal Records

STATE OF OREGON
EXPUNGE/SEAL CRIMINAL RECORDS
[More than three Years Since Conviction]
Control Number – OR - EXPCRI – 01C

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DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Oregon. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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EXPLANATION OF PETITION FOR EXPUNGEMENT

A. The Oregon law concerning the process of "expungement" or, as used in Oregon, "setting aside" process is ORS 137.225. ORS 137.225 does not use the term expungement. Instead it talks about "setting aside." For our purposes here, the two expressions are essentially identical.

B. This process will require specific information about yourself and the incident in question. This information is needed to confirm your identity and the possible location of records so that, if your request is granted, those records can be sealed. At that point, in the eyes of the law, the arrest and/or conviction did not occur and the records do not exist. How successful the Court's Order is at sealing your records will depend upon the accuracy and completeness of the information you provide.

C. In Oregon, an action for “expungement” begins with the filing of a Petition in the Court in which you were convicted. The Petition must contain certain information. The forms in this packet include the necessary information for an Expungement of Records in the State of Oregon.

D. You can use this packet if:

1. You were arrested; a charge or charges were filed in Court against you; and, you were convicted of the charges.

2. Three years have elapsed since the day judgment was pronounced.

3. You have fully complied with and performed the sentence of the court.

4. Your conviction is one of those described in Section 137.225(5).

WHAT FORMS ARE INCLUDED

A. Motion to Set Aside Conviction

B. Affidavit in Support of Motion to Set Aside Conviction

C. Order to Set Aside Conviction

Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a different form, or modification to these forms. If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an e-mail to orders@uslegalforms.com.

PROCEDURE FOR AN EXPUNGEMENT OF CRIMINAL RECORDS IN THE STATE OF OREGON

A. Preliminary Note:

1. The attached forms may be completed by:

a. Printing the forms and completing by hand. Use black ink and print neatly.

b. Printing the forms and completing using a typewriter.

c. By completing the forms on your computer using a word processing program and then printing the forms.

2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your Petition.

3. Print three (3) complete sets of forms.

4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The “Action/Cause No.” will be either assigned by the court clerk or, in counties with under 3 million in population, it will be made to the same judge, and will have the same case number, as the original action.

5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – first name, middle name, and last name.

6. When a form is filed with the court, request the clerk “file-stamps” one copy of the form for your file.

7. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms.

B. Procedure

1. 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.

2. You will need a complete set of your fingerprints. The fingerprint card should contain the notation, "Motion for setting conviction."

3. 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.

4. 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 for the District Attorney. You may wish to make a copy for yourself as you will be filing the originals with the Court.

5. 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.

6. 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.

7. The District Attorney has a right to object to your request to have your conviction 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 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.

LAW SUMMARY

http://secure.uslegalforms.com/lawsummary/OR/OR-EXPCRI-01C.htm

MOTION TO SET ASIDE CONVICTION AND SEAL RECORDS OF ARREST

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF

State of Oregon, Plaintiff, Case No.

v.

, Defendant

MOTION TO SET ASIDE CONVICTION AND SEAL RECORDS OF ARREST
(O.R.S. 137.225)

Comes now the Defendant in this matter, and respectfully moves the Court for an Order setting aside and sealing the arrest records of the Defendant’s conviction.

This Motion is based upon the record herein and upon the attached Affidavit.

____________________________________

Defendant’s Date of Birth

Defendant’s Mailing Address

AFFIDAVIT IN SUPPORT OF MOTION TO SET ASIDE CONVICTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF

State of Oregon, Plaintiff, Case No.

v.

, Defendant

AFFIDAVIT IN SUPPORT OF MOTION TO SET ASIDE CONVICTION

STATE OF OREGON )

) ss

COUNTY OF )

I, , do hereby depose and say that:

I am the Defendant herein, and I am filing this Affidavit in Support of my Motion to Set Aside Conviction and to seal the records of my arrest.

This arrest occurred more than three (3) years 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 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 fully complied with and performed all provisions of the sentence herein.

A copy of this Affidavit and a copy of my Motion to Set Aside Conviction and Seal Records of Arrest have been served upon the District Attorney of County.

A complete set of my fingerprints, along with a certified check made payable to the Oregon State Police for their processing costs, 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):

The charge(s) that I was convicted of was:

The date of my conviction was

This conviction was not a Class A felony, or a Class B felony (excluding possession or delivery of a controlled substance).

Dated this day of , 20 .

____________________________________

SUBSCRIBED AND SWORN TO before me this day of , .

____________________________________

Notary Public of Oregon/ Deputy Clerk of Court

My Commission Expires:

ORDER TO SET ASIDE CONVICTION AND SEAL RECORDS OF ARREST

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF

State of Oregon, Plaintiff Case No.

v.

, Defendant

ORDER TO SET ASIDE CONVICTION AND SEAL RECORDS OF ARREST

THIS MATTER having come before the Court upon the Motion of the Defendant 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 Defendant’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 Defendant and further identified this Defendant by:

FBI Identification Number:

Oregon State Bureau Number:

Submitting Agency Number:

Date of Arrest:

Arrested on Charges of:

Convicted of Charges of:

C. That the circumstances and behavior of the Defendant 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 Defendant’s conviction of be, and the same is, hereby set aside and the Defendant herein is deemed not to have been previously convicted of said crime; and

IT IS FURTHER ORDERED, that the record of arrest maintained by any law enforcement agency regarding the Defendant and the criminal episode contained herein be, and the same is, hereby set aside and the Defendant herein is deemed not to have previously been arrested for 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 conviction and arrest 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 , 20.

____________________________________

Judge