Fill and Sign the Or Expungement Records Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF OREGON EXPUNGE/SEAL CRIMINAL RECORDS [More than three Years Since Conviction] Control Number – OR - EXPCRI – 01C This packet contains the following: 1. Instructions ; 2. Forms ; and 3. Access to Oregon Law Summary. NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form feldss created using Microsoft Word. “Form feldss facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blanks and complete with a typewriter or by hand. If you do not see the gray shaded form felds, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “as. Click in this button and the form felds will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fll in the information in the felds. If you need to make any changes in the body of the form, it is necessary for you “unlocks or “unprotects the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Toolss in the Menu bar and then selecting “unprotect documents. You may then be prompted to enter a password. If so, the password is “uslfs. That is uslf in lower case letters without the quotation marks. After you make the changes relock the document before you being to complete the felds. After any required changes and re-protecting the document, click on the frst form feld and enter the required information. You will be able to navigate through the document from form feld to form feld using your tab key. Tab to a form feld and insert your data. If problems, please let us know. 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 efect 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 ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OR-EXPCRI-01C [ORS 137.225] I. 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 specifc information about yourself and the incident in question. This information is needed to confrm 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 “expungements begins with the fling 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 fled 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). II. 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 diferent form, or modifcation 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. III. PROCEDURE FOR AN EXPUNGEMENT OF CRIMINAL RECORDS IN THE STATE OF ILLINOIS 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.s 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 – frst name, middle name, and last name. 6. When a form is fled with the court, request the clerk “fle-stamps one copy of the form for your fle. 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 fle the forms. 2. You will need a complete set of your fngerprints. The fingerprint carC shoulC 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 fngerprint civilians and are accepted by the Court. There is usually a fee. 4. Copies - In addition to the original forms that you will fle 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 fling 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 fling the originals with the Court. 5. Service on the DA - When you have a complete set of your fngerprints, completed the forms, and made copies, take the District Attorney copies to their office. With their copies, also provide the set of your fngerprints. 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 flled in your name on the Order form. Make sure that you have signed and have had your signature witnessed on the Affidavit. Court staf will assist you in fling your documents and will take the required fling fee. 7. The District Attorney has a right to object to your request to have your conviction set aside. They will send your fngerprints to the State Identifcation Bureau to confrm 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 Identifcation 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 fle 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 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. ) MOTION TO SET ASIDE ) CONVICTION AND SEAL RECORDS ______________________________ , ) OF ARREST Defendant ) (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. ____________________________________ Signature of Defendant       Defendant’s Date of Birth             Defendant’s Mailing Address 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 CONVICTION ______________________________ , ) Defendant ) 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:       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 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 ______ . ____________________________________ Signature of Defendant SUBSCRIBED AND SWORN TO before me this _____ day of ___________________, _____. __________________________________ Notary Public of Oregon/ Deputy Clerk of Court My Commission Expires: ______________ 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 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: ____________________________________ ____________________________________________________________ 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 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