Criminal Record Expunction

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A motion to set aside is a legal proceeding for sealing a record of a criminal arrest and conviction. After a motion is granted, all official records of the arrest and conviction are sealed. In the eyes of the law, the arrest or conviction did not occur and the record does not exist.

Expunction can be beneficial for job and school applications, acquiring bonding, and other situations that question an individual's records. The process is not complicated, but it is lengthy.

You are not required to hire an attorney for the process.

Filing a Motion

Court staff is 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.

Forms

Expunction Instructions
Arrest Motion and Affidavit
Conviction Motion and Affidavit

Motion

Oregon Revised Statute 137.225 and related case law explain the following:

When you are eligible to bring a motion to set aside your adult arrest or conviction; and

The type of arrest or conviction that qualifies for a motion to set aside.

A brief summary of eligibility requirements in this statute is provided on this page. It does not include specific advice about your case. You may wish to consult an attorney who will review your criminal history and advise you regarding applicable laws and how to proceed with this motion.