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Criminal - Set Aside and Sealed



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 Contact
Criminal Unit
Phone: 503.655.8643 Option 1

 Hours
Monday through Friday, excluding legal holidays:

Public Counter: 8am – 12pm and 1pm – 4pm

 

Phones:  8am - 12pm and 1pm - 4pm

 Address 

807 Main Street, Room 200
Oregon City, Oregon 97045
 Map

Set Aside of an Arrest/Acquittal/Dismissal Record

What is a Motion to Set Aside an Arrest/Acquittal/Dismissal Record?

  • You do not need to hire an attorney to complete this process; however, an attorney should be consulted for any legal advice and to assist in individual situations. Court clerks cannot give you legal advice. This packet is meant to instruct you on the set aside procedure, not to advise you on Oregon law.
  • A Motion to Set Aside an Arrest, if granted by the court, sets aside the record of arrest and the applicant is deemed not to have been previously arrested. The court orders the record of the arrest and any other official records in the case to be sealed. In the eyes of the law, the violation that led to the arrest did not occur and the record does not exist. Law enforcement agencies are required to seal their investigative reports of the incident. 
  • Oregon Revised Statute ORS 137.225 allows some types of criminal records to be erased from a person’s history. You are encouraged to read this statute to help you decide if you qualify to have a conviction or arrest taken off your record.

Set Aside of a Conviction Record

What is a Motion to Set Aside a Conviction Record?

  • You do not need to hire an attorney to complete this process; however, an attorney should be consulted for any legal advice and to assist in individual situations. Court clerks cannot give you legal advice. This packet is meant to instruct you on the set aside procedure, not to advise you on Oregon law.
  • There is a $33 fee required payable to the Oregon State Police (OSP) for each case you are requesting to set aside. This must be made in the form of a check or money order. You are required to submit your fingerprint card and the Request for Set Aside Criminal Record Check form directly to OSP. 
  • A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed. In the eyes of the law, the incident that led to the conviction did not occur and the record does not exist. Law Enforcement agencies are required to seal their investigative reports of the incident.
  • Oregon Revised Statute ORS 137.225 allows some types of criminal records to be erased from a person’s history. You are encouraged to read this statute to help you decide if you qualify to have a conviction or arrest taken off your record.

Instructions and Forms:

These forms and instructions are not a complete statement of the law. They cover basic procedures, if you have complicated issues or questions about the law, talk to a lawyer. Contact the Oregon State Bar at 503-684-3763 or toll-free in Oregon at 800-452-7636 or go to www.oregonstatebar.org for more information and help finding a lawyer. Court staff cannot give you legal advice, which includes telling you which form to choose.

Criminal Set Aside Forms

Additional Resources: