What is a Motion to Set Aside an Arrest/Acquittal/Dismissal Record?
- You do not need to hire an attorney to complete this process; however, an attorney should be consulted for any legal advice and to assist in individual situations. Court clerks cannot give you legal advice. The packets are meant to instruct you on the set aside procedure, not to advise you on Oregon law.
- A Motion to Set Aside an Arrest, if granted by the court, sets aside the record of arrest and the applicant is deemed not to have been previously arrested. The court orders the record of the arrest and any other official records in the case to be sealed. In the eyes of the law, the violation that led to the arrest did not occur and the record does not exist. Law enforcement agencies are required to seal their investigative reports of the incident.
Please refer to the Oregon Revised Statutes Chapter 137 for additional information.
To fill out a Set Aside Packet, please go to the Self Help Forms.