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If you are charged with a criminal offense or are a party in a juvenile case, you may be eligible to be represented by an attorney at the state’s expense. A court appointed attorney may be requested in a juvenile dependency (abuse or neglect), termination of parental rights, or juvenile delinquency proceedings. Persons who are involved in a civil proceeding, such as a divorce, personal injury, landlord/tenant or employment cases are not eligible for legal representation at state expense.You must complete an application in person or through Guide and File. A $20 application fee and a contribution amount may be assessed depending on your financial ability to pay. A clerk will review your application and if you qualify for an attorney, you will be given the information on how to contact the attorney.Fees may be imposed as financial obligations at the time of disposition of your case and regardless of the outcome of your case.
DUII Diversion Forms
The District Attorney's office will determine if a defendant is eligible for the DUII Diversion Program. Once you enter a Guilty/ No Contest plea, the Court will require you to fill out a DUII Diversion Petition/Agreement and Declaration. This is your agreement with the Court. If you fulfill everything in the petition/declaration, your DUII charge will be dismissed.
The defendant will be required to get processed at the jail before formally entering the Diversion Program. Failing to do so will result in the Court not signing the Diversion Order and the defendant will be required to appear in Court again.
The Diversion Program has a court fee of $490. If the defendant cannot afford to pay these fees, they can tell the Judge. The Judge may waive a portion of the fee or allow the defendant to make monthly payments depending on their financial situation.
Defendants may be required to complete an online Victim Impact Panel (VIP). Please click on the following link for more information on providers and their cost. This is to be completed within 60 days of entering into the Diversion Program. Online VIP course information
Defendants who enter into the Diversion Program will be required to install an Ignition Interlock Device (IID) in any vehicle operated by the defendant during the period of the agreement when the defendant has driving privileges. If the defendant is required to operate an employer-owned motor vehicle, an IID need not be installed if the defendant notifies employer of the IID requirement and has written proof of the notification. Any costs associated with leasing, installing, maintaining, and/or removing the device must be paid to the provider who installed the device. If you are unable to afford the costs associated with the device, please check with the Department of Transportation for a waiver and/or deferment of fees.
Defendants will be required to complete an evaluation with Jackson County Community Justice to determine their treatment options and length of treatment. Please visit their website for more information on the evaluation and alcohol/drug treatment providers available.
Exhibits filed with the court may or may not be released after the court proceeding in which they are filed. If not released the court must hold the exhibits until all statutory time requirements have been met.
Parties (or their attorney) filing exhibits will be notified when the exhibits are ready to be released. Exhibits may be picked up at the jury window on the first floor of the Jackson County Justice Building, 100 South Oakdale, Medford, Oregon
Listed below is a link to the Oregon State Hospital Evaluation Order Templates for the three most commonly requested evaluation types related to Oregon Revised Statutes (ORS) 161.315, ORS 161.365, and ORS 161.370.
Online Victim Impact (VIP) Classes
*If the court does not receive a certificate of completion by the court ordered completion date, a non-compliance will be recorded on your case.
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Updated July 23, 2020
PACKET A: Arrest but no charges or cases ever filed with the Court. There is no filing fee charged by the court for this type of set aside. A new case will need to be filed with civil division of the Circuit Court. The arrest record is listed only on the criminal history record.
PACKET B: Arrested and charged in Court but later the charge(s) were dismissed or acquitted. There is no filing fee charged by the court for this type of set aside. There will be a criminal case number existing in the court records.
Deliver copies of the following forms and fingerprint cards to the District Attorney office at 815 West 10th Street, Medford, OR 97501 - Telephone: 541.774.8181
File the original documents with the Court. Please see our form for setting aside arrest.You must prepare separate documents for each arrest or dismissal.
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.
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. 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 copies of the Order to the appropriate agencies who will then comply by sealing their records.
The fingerprint card may be obtained at the Jackson County Sheriff’s Office Monday through Thursday from 9:00 am to 3:00 pm. There is a fee for this service. If you reside outside of Jackson County, please contact your local police agency for a fingerprint card.
Determine if your conviction or record of arrest is eligible to be set aside. Refer to Oregon Revised Statute ORS 137.225
Effective 1/1/2010, traffic related charges that are not convicted will be eligible to be set aside. The exception is a DUII Diversion charge that results in a dismissal is not eligible to be set aside.
You CANNOT be on any form of probation for the CONVICTION that you are requesting to be set aside.
PACKET C: Arrested and convicted in Court of charge(s). A case was filed with the court a conviction entered on the charges.
There is a $281 fee payable to the State of Oregon for filing a request to set aside each record of conviction filed with the Court. This fee is non-refundable. If your motion is denied, the funds will not be returned to you.
Deliver copies of the following documents to the District Attorney office along with your fees and fingerprint cards at 815 West 10th Street, Medford, OR 97501. Telephone: 541.774.8181
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