A motion to set aside (expunction) 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 to set aside (expunction): ORS 137.225 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.
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 503-684-3763. You may also call the Metropolitan Public Defender at 503-225-9100 and inquire about their expunction clinic.
As of January 1, 2020, there is a specific process for individuals who seek to set aside qualifying marijuana convictions. You may be eligible for this expedited process if your conviction occurred prior to July 1, 2015 and it is for possession of less than one ounce of the dried leaves, stems or flowers of marijuana or is based on conduct described in ORS 475B.301.