- Copy of Affidavit in Support of Motion to Set Aside and Seal for each case.
- Copy of Motion to Set Aside and Seal Conviction for each case.
- Copy of Order to Set Aside and Seal Conviction for each case.
- Original Finger Print Card and $80 Process Fee for Convictions - if the charge you wish to set aside/seal is a conviction, there is an $80 processing fee charged by the Oregon State Police. This fee must be submitted to the DA's office at the same time as the copy of all Motions and Finger Print Card. The $80 fee needs to be in the form of a certified check or cashier's check made out to Oregon State Police.
The DA’s office will forward the fingerprint card (and check) to the State Police Bureau of Criminal Identification. The State Police will use the fingerprint card to make a positive identification of the defendant to determine if you had prior criminal cases set aside/sealed and to determine if you have any outstanding warrants. The fingerprint cards are returned to the DA’s office. A hearing will automatically be set upon filing of the motion. The DA’s office will file an Answer to the motion to set aside/seal with the clerk’s office. The Answer will state either that the DA’s office has no objection to the Motion, or if there is an objection, the Answer will set out the specific reasons for the objection. If the DA objects or if the victim has been notified the hearing will remain as set. If the DA does not object, the hearing will be automatically cancelled and the defendant will not need to appear. The DA’s office will provide a copy of the Answer to you or your attorney. The Circuit Court judge will make a decision on your motion. You or your attorney will be mailed a copy of the Order. The Court will distribute certified copies of the Order to the appropriate agencies who will then comply by sealing their records.