EXPUNGEMENTS OR MOTION TO SET ASIDE

NOTE: THIS INFORMATION IS GIVEN AS AN AID TO ASSIST PEOPLE WHO DESIRE TO LEARN ABOUT EXPUNGING THEIR RECORDS, IT IS NOT MEANT TO DELIVER LEGAL ADVISE OR A LEGAL OPINION.  IN NO WAY IS THIS INFORMATION MEANT TO REPLACE THE ADVISE OF LEGAL COUNSEL.

The Oregon Revised Statute 137.225 is the guideline the Deschutes County District Attorney’s Office uses to expunge or set aside arrest records or convictions.  Once an order is signed by a judge to expunge or set aside an arrest record or conviction all law enforcement offices are directed to seal their records pertaining to that arrest or conviction.

Arrest, as used in this instructional aid means, but is not limited to citations and/or when someone is confined.

Conviction, as used in this instructional aid means, but is not limited to when there is a judgment issued.

There are, at this time, two ways to proceed with an expungement:

1. Hire an attorney, or
2. Prepare your own documents.

Regardless, of which way you choose if there was a conviction you will need to pay the Oregon State Police $80.00.  This fee must be in the form of a certified check or money order made payable to the Oregon State Police, and must be delivered to the prosecuting attorney (District Attorney’s Office).

If you decide to prepare your own documents:

• First, visit http://egov.oregon.gov/OSP/ ; click 'ID Services'; click 'Expungement Process', read information; 
• Second, request a copy of your criminal history.  To receive your criminal history requires the following:
  
  • a fingerprint card – make sure you fill out all identifiers and your prints are on the card;
  • a letter requesting the criminal history;
  • a check or money order for $33.00 made payable to Oregon State Police (Note: notarized requests are an additional $5.00)

Send these items to:       Oregon State Police
                                      Identification Services Section
                                      Unit 11
                                      PO BOX 4395
                                      Portland, OR 97208-4395

The Oregon State Police will return your fingerprint card with your criminal history, you will need your fingerprint card later;

• Third, purchase your forms, you can obtain preprinted forms through www.stevensness.com/index.html or through a stationary store (the forms you will need for an arrest are #1246 – Order Setting Aside Arrest, #1247 – Motion For Setting Aside Arrest, and #1245 – Affidavit RE Setting Aside Arrest. Forms for a conviction are  # 1131- Motion for Setting Aside Conviction, # 1132 - Affidavit RE Setting Aside Conviction and #1133 - Order Setting Aside Conviction.) With your criminal history fill out these documents; and
  
• Fourth, make a copy of all of your documents and fingerprint card (one copy for yourself and one copy to serve upon the prosecuting attorney (District Attorney’s Office).  The originals of the documents will be filed with the Court, a copy of the documents, the original fingerprint card, and if applicable a money order or certified check made payable to the Oregon State Police in the amount of $80.00 will be served upon the prosecuting attorney (District Attorney).

Once you have complied with the above, the next step is for the District Attorney’s Office to request a check through the Oregon State Police to see if you are pending criminal charges anywhere, have an outstanding warrant for your arrest, or have had a previous expungement.  Once the District Attorney’s Office receives their report a response to your motion is prepared and filed with the Court.  It is court procedure that any correspondence the District Attorney’s Office has with the court they are required to show proof that we have served you with that same correspondence.  We do this by sending our response to your motion to your mailing address certified mail return receipt requested.

Within a month after the District Attorney’s Office has filed it’s response to your motion, assuming there was no objection to your motion, the court will mail you a signed order.  Once this is done your arrest and/or conviction is sealed.