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Expungement

EXPUNGEMENT OR SETTING ASIDE ARREST RECORD AND/OR A CONVICTION

Expungement is the process by which someone's criminal conviction is erased from the court's files. The term used by the courts is 'Setting Aside.' The Oregon Revised Statutes (ORS) concerning this process is ORS 137.225. You are encouraged to review the statute to determine if you qualify to have your record set aside.

During this process, you will be asked to provide some specific information about yourself and the incident in question. This information, including your fingerprints, is needed to confirm your identity and the possible location of records so that, if your request is granted, those records can be sealed. At that point, in the eyes of the law, the arrest and/or conviction did not occur and the records do not exist.

ORS 137.225 discusses the different situations. The process for dealing with each situation is slightly different.

Situation 1: If you were arrested, but no charges were filed with the court, you will need to review the information on 'Setting Aside' an Arrest. *

Situation 2: If you were arrested and charges were filed against you but later dismissed, or you were found not guilty, you will need to review the information on 'Setting Aside' an Arrest. *

Situation 3: If you were arrested, charges were filed and you were convicted either by a plea or trial, you will need to  review the information on 'Setting Aside" a Conviction. *

*Instructions can be obtained from the Josephine County District Attorney's Office.

After you have submitted your paperwork, the process will take four to six (4-6) weeks to complete, depending on the case load. The District Attorney's Office will submit your fingerprints to the Oregon State Police Identification Bureau for review. The ID Bureau will determine if you qualify to have your record 'Set Aside.' The District Attorney's Office will notify the court if they oppose having the record 'Set Aside' or if they do not oppose. If the DA objects to the motion, the court will set a hearing. If the DA does not oppose, the file will be sent to the judge for signature and the court will process the paperwork and send certified copies to the agencies listed on the order.