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. Please refer to the Oregon Revised Statute Chapter 137 for additional information.
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 $281 filing fee to be made payable to the court for each case you are requesting to set aside. A copy of the receipt is to be included with the original documents filed with the court.
- There is an $80 fee required payable to the Department of State Police for each case you are requesting to set aside. This must be made in the form of a certified check, money order or check from an attorney’s trust fund. This payment is mandatory and cannot be waived by the court. If you are filing a Motion to Set Aside a Conviction on more than one case at the same time, only one $80 fee is required, but a fingerprint card must be attached to each case.
- 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. Please refer to the Oregon Revised Statutes at Oregon Revised Statute Chapter 137 for additional information.
- If you cannot pay the fee at the time of filing you may apply for a fee deferral/waiver. If a fee deferral is granted you will have six months to pay the deferred amount.
Link to Instructions and Forms:
If you would like to print the forms to set aside either a conviction or an Arrest/Acquittal/Dismissal Record, click the link below.
Additional Resources: