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Setting Aside an Arrest/Conviction

Court staff is not permitted to give you legal advice regarding setting aside an arrest or conviction. If you need legal advice, please consult an attorney. This information is meant to inform you, not advise you on Oregon law. An attorney should be consulted for any legal advice and to assist in individual situations. Please refer to ORS 137.225 for more information.
 

Frequently Asked Questions (FAQ)

  • ​A Filing fee of $265.00 is required to set aside a conviction and is payable to the State of Oregon.  There is no filing fee required if you are setting aside an arrest only.
  • An additional fee of $80.00 payable to the Department of State Police is required for processing your fingerprints.  This fee is required on convictions only.
  • Your fees cannot be returned to you if your motion is denied, or if you do not qualify.
  • ​You may not have been convicted of any other crime within the past 10 years.
  • Must be over three (3) years from the date of pronouncement of judgment.
  • You must have fully complied with and performed the sentence of the court.
  • You may not have a current charge for the commission of a crime.
  • Applies to class C felony or less.  See ORS 137.225 for exceptions.  Does not apply to any traffic offense.
  • ​Original Arrest Date
  • Original Arrest Charge
  • Arresting Agency
  • Court Case Number
  • Date of Conviction
  • Conviction Charge – If different from arrest charge
  • You may obtain this information by viewing the file or purchasing copies of the following items:
    • Original Charging Instrument
    • Sentencing Order/Judgment
    • Any subsequent order (probation violations, modifications of sentence or termination of sentence.
  • You will need to complete the Motion, Affidavit and Order all attached in the packet above.
  • You will need to sign  the “Affidavit in Support of Motion to Set Aside Record of Conviction and Records of Arrest” in front of a notary public.
  • Make sure that your name, current address and phone number are included
  • Make two copies of the Motion, Affidavit and Order once you have them completed
  • You will need to have a complete set of fingerprints taken.  The Lincoln County Sheriff’s Office offers this service for a fee.
  • File the original forms in person or by mail with the Lincoln County Circuit Court, 225 West Olive, Room 202, Newport, OR 97365.
  • You will need to serve one set of copies of the forms, along with your fingerprint card and your $80.00 cashier’s check or money order payable to the Department of State Police (convictions only), on the Lincoln County District Attorney’s Office 225 West Olive Street, Room 100, Newport, OR  97365.
  • The second copy is for your records

​The whole process usually takes anywhere from 8 to 12 weeks.

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