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If you were arrested, convicted of a crime or the charges were dismissed in Marion County, you may be eligible to set aside the record (commonly referred to as an expungement) or apply for a Certificate of Good Standing. Please read the descriptions below to find out which one pertains to your situation.
In 2017, the Oregon Legislative Assembly enrolled Senate Bill 690 which allows for a person convicted of a crime to petition for a Certificate of Good Standing.For any questions regarding guidelines and eligibility, please contact an attorney. Forms are available on our statewide website:
The process can take anywhere from three to nine months to complete.
You can file a Motion with the court to ask for a set-aside if you were:
Waiting periods for ARRESTS, CHARGES, or CITATIONS that are not pursued:
*You cannot have been charged with or convicted of a crime other than a motor vehicle violation or found guilty except for insanity during the above waiting periods.**For findings of Guilty Except for Insanity (GEI), the above timelines apply from the date of the finding, entry of judgment, or release from the jurisdiction of the Psychiatric Security Review Board (PSRB), whichever is later. If you were found GEI you remain prohibited from possessing or purchasing a firearm under federal law even if you are granted a set-aside.
DUIIs cannot be set aside under ORS 137.225. Even if you completed a diversion program and your DUII was dismissed it still cannot be set aside.
If the District Attorney does not object the judge will sign an order and your record is set aside and a certified copy of the order is mailed to you at the address you provided to the court. The order is also sent to the arresting agencies that would have records related to the set aside so that they may also seal their records.
If the District Attorney does object then you will be scheduled for a hearing in front of the judge.
The Oregon Statute (law) concerning this process is ORS 137.225. You may have heard the words "expungment" or "sealing your record". These only apply to criminal records, and this process would not apply to any type of civil case.
Criminal or Arrest Record Set Aside
You may file your set aside paperwork with the Marion County Circuit Court only if your arrest/charges were within the jurisdiction of the Marion County District Attorney's Office. If you were charged in another county, or went to another court, such as Salem Municipal Court or East Marion Justice Court, you must file your paperwork with that court.
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