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Appeals and Expungements

 

Information on:

 

Appeals

You may be able to appeal a Circuit Court Judgment or Order to the Court of Appeals.

A Notice of Appeal must be served and filed not later than 30 days after the Judgment or Order being appealed has been entered in the case register.  A Notice of Appeal is filed with the court from which the appeal is made (Circuit Court).  If you get to this point you may wish to consult an attorney familiar with appellate procedure.

Appeal information and forms may be obtained by contacting the Court of Appeals at (503) 986-5555. The clerk cannot advise you of any legal issues regarding your appeal, or advise you as to the content of any required papers. 

 

Expungements

Expungement is the process by which someone's criminal conviction is destroyed and erased from the court's files. The Oregon Statute (law) concerning this process is ORS 137.225.  ORS 137.225 does not use the term expungement. Instead it talks about "setting aside."

The two expressions are nearly the same, so do not be confused by them.

During this process, you will be asked to provide some specific information about yourself and the incident in question. This information 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 three different situations. The process for dealing with each situation is slightly different. The rest of this page is divided into three sections so that you only get the information you need for your situation. To save time, money and frustration, read the section concerning your situation carefully. In all three situations, the crime you were arrested for and/or convicted of must have been within the jurisdiction of the Lane County District Attorney to prosecute.

Filing Fees: A filing fee is required at the time an expungement is filed in the Circuit Court. (Link to fee schedule)

 

Situation A

You were arrested, but no charge(s) was ever filed with the Court. You may have been told  that the charge was a "No File." If you are not sure, the Court Records Department can advise you if there was a case filed.

Click here for more information on this situation.

 

Situation B

You were arrested and a charge(s) was filed in Court against you. The charge(s) was later dismissed, or you were acquitted (found not guilty). You were not convicted of any charge(s) resulting from the arrest. 

Click here for more information on this situation.

 

Situation C

You were arrested and convicted of a crime.

Click here for more information on this situation .

 

If you have further questions regarding the expungement process you should contact an attorney.  Please refer to Oregon State Bar On-Line for more information on finding an attorney.