Criminal - Set Aside and Sealed

Set Aside of an Arrest/Acquittal/Dismissal Record

What is a Motion to set Aside an Arrest/Acquittal/Dismissal Record?

You do not need to hire an attorney to complete this process; however, an attorney should be consulted for any legal advice and to assist in individual situations. Court clerks cannot give you legal advice. The packets are meant to instruct you on the set aside procedure, not to advise you on Oregon law.
A Motion to Set Aside an Arrest, if granted by the court, sets aside the record of the arrest and the applicant is deemed not to have been previously arrested. The court orders the record of the arrest and any other official records in the case to be sealed. In the eyes of the law, the violation that led to the arrest did not occur and the record does not exist. Law enforcement agencies are required to seal their investigative reports of the incident.

Please refer to the Oregon Revised Statutes Chapter 137 for additional information.

What is a Set Aside?

If granted, an Order to Set Aside a Conviction will set aside and seal the record. The applicant is deemed not to have been previously convicted. The court orders the record and any other official records of the case to be sealed, including law enforcement records.
You do not need to hire an attorney to complete this process; however, an attorney should be consulted for any legal advice or individual situations. Court clerks cannot provide legal advice or opinions on your case.
There is a filing fee due at the tie of filing for each case. Please see the fee schedule for the current cost of fees.
There is a seperate $33 fee required by money order or certified check only made payable to the OREGON STATE POLICE. This payment cannot be waived by the court. If you are filing for multiple cases, only one $33 payment is required.