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A motion to set aside (expunction) is a legal proceeding for sealing a record of a criminal arrest and conviction. After a motion is granted, all official records of the arrest and conviction are sealed. In the eyes of the law, the arrest or conviction did not occur and the record does not exist. The process is not complicated, but it is lengthy. You are not required to hire an attorney for the process of filing a motion to set aside (expunction): ORS 137.225. Court staff is prohibited by law from giving you advice on legal matters, including how to fill out the motion and affidavit. If you need help, you will have to research the law yourself, or consult an attorney. If the motion does not comply with the law or your papers are filled out improperly, your motion may be opposed by the DA and denied by the court.
Visit the following websites to obtain information about which cases are eligible for expungement:
Lane County has instructions and forms for expungement in the Criminal section of the Forms page.
A filing fee may be required at the time an expungement is filed. See the statewide Fees page for more information.
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