Setting Aside an Arrest or Conviction is a process by which some criminal records may be expunged, meaning that if you successfully set aside your arrest or conviction, you may truthfully state on a job application that you have never been arrested for or convicted of that crime. For more information about setting aside arrests or convictions, please see the Oregon State Bar web site or Oregon State Police website. Please note that the instructions below are procedures for Umatilla and Morrow County Circuit Courts and may not apply to other agencies.
STEP 1: Make sure your case or arrest is eligible for set aside.
Read the law governing setting aside arrests or convictions, ORS 137.225, and make sure that the charge(s) filed against you are eligible for set aside/expungement, and that sufficient time has passed for your case or arrest to be set aside. Review the Affidavit in Support of Motion Setting Aside Arrest or Conviction for other requirements.
NOTE: Traffic offenses and some other crimes are not eligible to be set aside.
STEP 2: Be Fingerprinted.
Contact your local Civil Sheriff for times, locations, and costs to obtain a fingerprint card. Make sure they know this is for the purpose of setting aside an arrest or conviction.
STEP 3: Get the Court Forms.
See if the Court where you were convicted, or the Court of Jurisdiction where you were arrested, has Set Aside forms available. (Forms for Umatilla and Morrow County Circuit Courts are available below.) If a case was filed, but you were later acquitted or the charge was dismissed, use the paperwork for Setting Aside an Arrest Record. You can also contact local stationery stores to see if they have forms available for purchase, or you may hire an attorney to prepare forms for you.
Set Aside Arrest Record Only:
Set Aside Conviction:
STEP 4: Complete and File the Forms.
File the paperwork with the Court (Circuit, Municipal, etc.) where you were convicted (or where charges were filed if you were later acquitted or the charge was dismissed), or the Court of Jurisdiction where you were arrested if charges were not filed. The Court will only accept original paperwork, not copies. Please note that the Affidavit must be notarized. A Court Clerk can notarize your paperwork if you sign the paperwork in the Clerk's presence at the time of filing and present valid photo identification.
There is a filing fee required to file a Motion to Set Aside a Conviction (no filing fee to set aside an Arrest Record). Please see our Fee Schedule under SETTING ASIDE A CONVICTION for the current filing fee. Additional fees may be required by other agencies to complete the process.
STEP 5: Serve the Prosecuting Attorney's Office.
Serve a copy of all paperwork filed with the Court on the Prosecuting Attorney (For Circuit Court Cases, this is the District Attorney). We also suggest you keep a copy of all paperwork for your records. If you wish, you may have the Court make copies at a cost of $0.25 per page. You must provide the original set of your fingerprints to the Prosecuting Attorney, and if you are trying to expunge a conviction, you must also include a certified check payable to Oregon State Police (check with them to confirm the current cost; if the arrest resulted in a dismissal or no charges were filed, no fee to the Oregon State Police is required).
STEP 6: Wait to hear from the Court.
The Prosecuting Attorney's office will send the paperwork, fingerprints, and the check to the Oregon State Police. The Oregon State Police will then do a fingerprint comparison to be sure the correct record is being considered for a set aside or expungement. The paperwork, fingerprints and a copy of the computerized criminal history are returned to the Prosecuting Attorney's office.
After reviewing the computerized criminal history, the Prosecuting Attorney's office offers a recommendation for approval or denial of the motion put before the court. If they recommend approval, the paperwork and the "Order to Set Aside Arrest/Conviction" is presented before the judge in the court where the case was originally tried (Circuit, Municipal, etc.) for final review and approval or denial. You will be notified of the Court's decision.
**Be sure to keep the court notified of any address change while you are waiting to hear back.**
If the Prosecuting Attorney's office recommends a denial of the motion, a hearing will be set before the judge, and the Court will mail you notice of the date and time you must appear.
If you wish, you may call the Court to check the status of your case.
STEP 7: If a Hearing is Set, Come to Court at the Date and Time Listed in the Notice.
Be ready to argue your case before the judge. You may wish to hire an attorney to represent you at the hearing, since the Prosecuting Attorney's office will be represented by an attorney, but this is not required. If you fail to appear at the hearing, your Motion will most likely be denied.
If your motion is allowed, signed and certified orders are forwarded from the Court to the Oregon State Police and other agencies for appropriate action and compliance with the order. It may take some time before the information is actually sealed in all records; during that time, information about your arrest or conviction may still be available to others.
If you need additional assistance, we suggest you contact an Oregon attorney. You may contact the Oregon State Bar Lawyer Referral Services for help locating an Oregon Attorney.
IMPORTANT INFORMATION & DISCLAIMER:
The 6th Judicial District Forms website was created to assist "self-represented" litigants who choose to represent themselves without the assistance of an attorney. This service DOES NOT take the place of an attorney, and nothing on this site should be construed as legal advice. If you choose to proceed without the assistance of an attorney, you are accepting sole responsibility for completing the correct forms and will be accountable for any judgments of the court. Umatilla and Morrow County Circuit Courts assume no liability whatsoever for the docments, the content or format of the documents, whether or not you file the documents timely or in the right court, whether you have your documents served in the correct manner required by case law, statute or court rule, or whether you understand or follow the correct case law, statute or court rule for anythying relating to your case, including any outcome.