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Criminal Cases

 Criminal Division

Jackson County Circuit Court presides over felony, misdemeanor, probation violations, and violation (includes traffic) cases. The criminal clerk’s office is located on the first floor of the Jackson County Justice Building in Medford, Oregon.
 

​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.

https://jacksoncountyor.org/community-justice/Adult-Services/DUII-Services




​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.

Oregon State Hospital Aid and Assist Forms
 
​Return from Oregon State Hospital (OSH) - When a defendant returns from OSH, the Court orders that the community mental health director or the director's designee consult with the defendant to determine whether services and supervision necessary to safely restore the defendant's fitness to proceed are available in the community pursuant to ORS 161.370 (9)(b).
 

Online Victim Impact (VIP) Classes

  • Choose a program from the list below that best fits your needs
  • Follow the link provided to register online
  • When registering, include your case number information
  • You will have 60 DAYS to complete the course unless otherwise ordered
  • Mail or bring in your certificate of completion to the court

*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.

 MADD Oregon Impact
Registration Information

https://maddvip.org/

 

Spanish

Call Customer Service:

800-426-6233

https://oipanel.com/

 

English & Spanish online registration option

Cost for Course$50.00

$50.00

50% Off Discount Code: JCC$25

Computer/Tablet/Smartphone Compatible

YesYes

Facial Recognition Software

Yes – Camera may be requiredNo

Bilingual Course Option

Yes – SpanishYes – Spanish

Hearing Impaired Course Option

Yes – Closed Caption

Yes –Sign Language &

Closed Caption  

Bilingual Customer ServiceYes

Yes 

Updated July 23, 2020

Court staff is not permitted to give legal advice or advise you about which forms need to be filed. Parties should contact an attorney, research the issue themselves or request the aid of an attorney.
 
Phone: 541.776.7171 ext. 583
 
 

Set Aside of Criminal Record / Arrest Forms

 

Procedures for Setting Aside your Arrest Record or Conviction

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

  • Copy of Affidavit in Support of Motion to Set Aside and Seal for each arrest
  • Copy of Motion to Set Aside and Seal Arrest record for each arrest
  • Original Finger Print Card

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.

  • Original Affidavit in Support of Motion to Set Aside and Seal for each arrest record
  • Original Motion to Set Aside and Seal Arrest Record for each arrest record
  • Original Order to Set Aside and Seal Arrest Record for each arrest record

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.

  • Sign all documents where your signature is required.
  • You must sign the affidavit in the presence of a Notary Public. Do not sign the affidavit if you have been convicted of a crime within the past ten (10) years or this will be considered false swearing and will result in a criminal proceeding.
  • Make sure that your name and address appear in the blanks provided.
  • Always retain a copy of all documents for your records.
  • A copy of all documents filed with the court must be served on the District Attorney’s office at 815 West 10th, Medford, OR 97501 along with the processing fees and a finger print card.
  • You must submit all original documents to the Jackson County Circuit Court, Criminal Section, 100 South Oakdale, Medford, OR 97501.

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

  • 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
  • Original Finger Print Card and $80 Process Fee for Convictions - 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. File the original documents with the Court. Get Forms Here You must prepare separate forms for each conviction. A non-refundable $281.00 fee must be paid for each case to the court.
  • Original Affidavit in Support of Motion to Set Aside and Seal for each case
  • Original Motion to Set Aside and Seal Conviction for each case
  • Original Order to Set Aside and Seal Conviction for each case

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