PROCEDURES FOR SETTING ASIDE AND SEALING
ARREST RECORD OR CONVICTION
Effective 10/1/2011, there is a $240 fee payable to the State of Oregon for filing a request to set aside each conviction filed with the Court. This fee is non refundable. If your motion is denied, the funds will not be returned to you.
1. Determine if your conviction or record of arrest is eligible for expunction. Review the conditions to set aside and seal the record below.
· You must submit all original documents to the Coos County Circuit Court at the North Bend Annex, Po Box 865 / 1975 McPherson Street, North Bend, OR 97459. A copy of all documents filed with the court must be served on the Coos County District Attorney’s office at 250 N Baxter Street, Coquille, OR 97423 along with the processing fees and a finger print card. The $240 must be paid in full at the time of filing.
· The fingerprint card may be obtained at the Coos County Sheriff’s Office. Contact their office at 541-396-7800 to schedule an appointment. There is a fee for this service. If you reside outside of Coos County, please contact your local police agency for a fingerprint card.
· Always retain a copy of all documents for your records.
· SIGN all documents where your signature is required. YOU MUST SIGN THE AFFIDAVIT IN THE PRESENCE OF A NOTARY PUBLIC. DO NOT SIGN THE AFFIDAVIT IF YOU HAVE BEEN CONVICTED OF A CRIME WITHIN THE PAST TEN (10) YEARS OR THIS WILL BE CONSIDERED FALSE SWEARING AND WILL RESULT IN A CRIMINAL PROCEEDING. Make sure that your name and address appear in the blanks provided.
· If the court allows, the process to set aside the record usually takes a minimum of 8 - 12 weeks to remove the incident from your record.
Refer to Oregon Revised Statues
1. You may not have been convicted of any other crime within the past 10 years. If you sign the affidavit and have been convicted of a crime, it will be considered false swearing which will result in a criminal proceeding; See ORS 137.225 for eligible case types.
2. All fines and fees must be paid in full on the case.
3. If you have more than one conviction, you may set aside multiple convictions but must wait to file your request to set aside/seal until 10 years from the most recent conviction date.
4. All arrests that resulted in the District attorney taking no action must wait one (1) year from the date of arrest.
5. Cases that have been dismissed by the court do not require a time period to wait to apply.
6. Effective 1/1/2010, traffic related charges that are not convicted will be eligible to be set aside. The exception is a DUII Diversion charge that results in a dismissal is not eligible to be set aside.
7. You CANNOT be on any form of probation for the CONVICTION that you are requesting to be set aside.
1. Prepare the following forms and file the original documents with the Court. You must prepare separate forms for each case. A $240 fee must be paid for each incident.
Affidavit in Support of Motion to Set Aside and Seal for each case (original)
Motion to Set Aside and Seal Conviction for each case (original)
Order to Set Aside and Seal Conviction for each case (original)
2. Deliver the following forms to the District Attorney’s office along with your
fees and fingerprint cards.
Coos County District Attorney
250 N Baxter Street
Coquille, OR 97423 Telephone: 541-396-7550
· Copy of Affidavit in Support of Motion to Set Aside and Seal for each case
· Copy of Motion to Set Aside and Seal Conviction for each case
· Original Finger Print Card and $80 Process Fee for Convictions - if the charge you wish to set aside/seal is a conviction, there is an $80 processing fee charged by the Oregon State Police. This fee must be submitted to the DA’s office at the same time as the copy of all Motions and Finger Print Card. The $80 fee needs to be in the form of a certified check or cashier’s check made out to Oregon State Police. A separate fee is required for each case.
Arrest Record and/or Dismissal
1. Prepare the following forms and file the original documents with the Court. You must prepare separate documents for each arrest. Other agencies also have fees in addition to this fee.
Affidavit in Support of Motion to Set Aside and Seal for each arrest record (original)
Motion to Set Aside and Seal Arrest Record for each arrest record (original)
Order to Set Aside and Seal Arrest Record for each arrest record (original)
2. Deliver the following forms and fingerprint cards to the District Attorney’s office
Copy of Affidavit in Support of Motion to Set Aside and Seal for each arrest
Copy of Motion to Set Aside and Seal Arrest record for each arrest
Original Finger Print Card – Fees may be charged for fingerprint cards.
The DA’s office will forward the fingerprint card (and check) to the State Police Bureau of Criminal Identification. The State Police will use the fingerprint card to make a positive identification of the defendant to determine if you had prior criminal cases set aside/sealed and to determine if you have any outstanding warrants. The fingerprint cards are returned to the DA’s office.
A hearing will automatically be set upon filing of the motion. The DA’s office will file an Answer to the motion to set aside/seal with the clerk’s office. The Answer will state either that the DA’s office has no objection to the Motion, or if there is an objection, the Answer will set out the specific reasons for the objection. If the DA objects or if the victim has been notified the hearing will remain as set. If the DA does not object, the hearing will be automatically cancelled and the defendant will not need to appear. The DA’s office will provide a copy of the Answer to you or your attorney. The Circuit Court judge will make a decision on your motion. You or your attorney will be mailed a copy of the Order. The Court will distribute certified copies of the Order to the appropriate agencies who will then comply by sealing their records.