Expungements

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 ADVICE OR A LEGAL OPINION. IN NO WAY IS THIS INFORMATION MEANT TO REPLACE THE ADVICE OF LEGAL COUNSEL.

A motion to set aside (expungement) is a legal proceeding for sealing the record of a criminal arrest or conviction. After a motion is granted, all official records of the arrest or conviction are sealed. In the eyes of the law, the arrest or conviction did not occur and the record does not exist.
The relevant law regarding expungements
Oregon Revised Statute 137.225
Information regarding the process to file, eligibility, and forms
Deschutes County Circuit Court - Motion to Set Aside
Additional information can be found
Oregon State Police - Set Aside CCH Request Form and Instructions

Proceeding with an expungement

There are two ways to proceed with an expungement:
Hire an attorney
Prepare your own documents

Court and DA office staff are 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. If you need assistance, the Oregon State Bar can refer you to an attorney who will consult with you for a reduced fee.  The lawyer referral service program can be reached at 800-452-7636.

Steps

Whether you hire an attorney or prepare your own forms, if there was a conviction you will need to
Pay the Oregon State Police the fee that the department charges for a criminal record check.  This fee must be in the form of a certified check or money order made payable to the Oregon State Police
Complete the department’s Request for Set Aside form
File the original forms with the Circuit Court (1100 NW Bond St Bend, Oregon 97701).  There is no filing fee. Make 2 copies of your forms - one for your records, and one to serve on the prosecuting attorney -usually the District Attorney
Deliver copies of the forms, an original fingerprint card, and the fee that the department charges for a criminal record check, payment to the Oregon State Police (in the form of a certified check or money order payable to the Oregon State Police)

Once you have complied with the above, the next step is for the District Attorney's Office to request a search through the Oregon State Police to see if you have 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.  The statute requires the District Attorney’s Office to notify the court if it intends to object within 120 days of the motion to set aside being filed with the court. The District Attorney's Office is required to show proof that we have served you with all correspondence sent to the Court.  We do this by sending our response to your motion to your mailing address by certified mail, return receipt requested.

Within approximately one month after the District Attorney's Office has filed its 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.

Contact
info@dcda.us
1164 NW Bond St. 
Bend, OR 97703
(541) 388-6520