MOTION TO SET ASIDE
NOTE: THIS INFORMATION IS GIVEN AS AN AID TO ASSIST PEOPLE WHO DESIRE TO LEARN ABOUT EXPUNGING THEIR RECORDS. IT IS NOT MEANT TO DELIVER LEGAL ADVICE OR A LEGAL OPINION. IN NO WAY IS THIS INFORMATION MEANT TO REPLACE THE ADVICE OF LEGAL COUNSEL.
A Motion to Set Aside (or an Expungement) is a legal Proceeding for sealing the record of a criminal arrest or conviction. After a motion is granted, all official records of the arrest or conviction are sealed. In the eyes of the law, the arrest or Conviction did not occur and the record does not exist.
The relevant law regarding expungement is Oregon Revised Statute 137.225.
To have an arrest/conviction cycle set aside from your record, you must file a copy of the motion with the District Attorney's office for the county in which you were arrested. The original forms are submitted to the court of jurisdiction.
There are two ways to proceed with an expungement:
- Hire an attorney, or
- Prepare your own documents.
Court and DA office staffs are prohibited by law from giving you advice of legal matters, including how to fill out the motion and affidavit. If you need help, you will have to research the law yourself, or consult an attorney. If the motion does not comply with the law or you papers are filled out improperly, your motion may be opposed by the DA and denied by the court. If you need assistance, the Oregon State Bar can refer you to an attorney who will consult you for a reduced fee. The lawyer referral service program can be reached at 800-452-7636 or at www.osbar.org.
If you choose to prepare your own documents, one option is to obtain preprinted forms through www.stevensness.com or through any stationary store. The forms you will need for an arrest are:
- #1245 - Affidavit RE Setting Aside Arrest
- #1246 - Order Setting Aside Arrest
- #1247 - Motion For Setting Aside Arrest
Forms for a conviction are:
- #1131 - Motion for Setting Aside Conviction
- #1132 - Affidavit RE Setting Aside Conviction
- #1133 - Order Setting Aside Conviction
You will also need to obtain a fingerprint card specifically for expungement filing. Fingerprint cards can be obtained through the Wasco County Sheriff's office for a fee of $15.00 per card.
Whether you hire an attorney or prepare your own forms, if there was a conviction you will need to pay the Oregon State Police $80.00. This fee must be in the form of a certified check or money order made payable to the Oregon State Police.
File the original forms with the Circuit Court (511 Washington Street, Suite 305, The Dalles, OR 97058). A filing fee is required. For Convictions you are seeking to expunge, the filing fee is $265.00. If you seek to expunge an arrest or dismissal, there is no filing fee.
Deliver copies of the forms, and the $80.00 payment to the Oregon State Police (in the form of a certified check or money order payable to the Oregon State Police) to the District Attorney's Office (511 Washington Street, Suite 304, The Dalles, OR 97058).
Once you have complied with the above, the next step is for the District Attorney's office to request a search through the Oregon State Police to see if you have pending criminal charges anywhere, have an outstanding warrant for your arrest, or have had a previous expungement. Once the District Attorney's office receives their report, a response to your motion is prepared and filed with the Circuit Court. The District Attorney's office is required to show proof that we have served you with all correspondence sent to the Court. We do this by sending our response to your motion to your mailing address by certified mail, return receipt requested.
Within approximately one month after the District Attorney's office has filed its response to your motion, assuming there was no objection to your motion, the court will mail you a signed order. Once this is done your arrest and/or conviction is sealed.