Criminal Division

Oregon Revised Statute ORS 137.225 allows some types of records to be erased from a person’s Computerized Criminal History (CCH). You are encouraged to read this statute to help you decide if you qualify to have an item taken off your record.

Certain crimes are not able to be set aside. These include:

• Sex crimes and crimes against children
• Class "A" or Class "B" felonies (A conviction for possession of marijuana may be able to be set aside, even if it was a Class "A" or "B" felony)
• Traffic offenses

Convictions cannot be set aside until 3 years have passed from the pronouncement of judgment.

Convictions cannot be set aside if you are still on probation, parole, or post-prison supervision.

Convictions cannot be set aside if you have been convicted of another crime (excluding motor vehicle violations) within the 10-year period immediately preceding the filing of your motion.

Please review the instructions provided below. If you have any questions, contact the court.

Before you begin, you may wish to review the statute regarding qualification at https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.

Relief from Sex Offender Registration Requirement

This is a process by which a person convicted of a sex offense may be relieved of the requirement to register as a sex offender. The Oregon State Police website contains instructions and forms needed to file for relief from this requirement.

Forms for this process should be filed in Room 301 of the courthouse. A filing fee will be assessed at the time of filing.

Personal court appearance is required. Failure to appear may result in a warrant for your arrest.

Out of custody arraignments are Monday through Friday at 1:15 p.m. and Wednesday at 2:30 p.m.

In custody arraignments are held each business day at 1:15 p.m. in the jail building across the street from the courthouse.

At the arraignment you will be formally advised of your rights, the charges filed against you and the maximum possible penalty that may be imposed. The judge will appoint an attorney if you qualify financially. If you do not qualify for appointed counsel, you will need to hire your own attorney or represent yourself. Another personal appearance date will be scheduled.

You may seek private legal counsel at any time. The Oregon State Bar offers information and a lawyer referral service as well as a Modest Means Program.

A Uniform Plea Petition is required when a defendant intends to enter a plea to a charge and proceed to sentencing. This petition is for charges other than DUII.

The following documents pertain to Driving Under the Influence of Intoxicants program as prescribed by law:

Traffic offenses are violations, not a crime. As such, you do not have the same right as a criminal defendent.

Staff in room 301 of the courthouse or the 2nd floor of the jail building process most Violations and Minor In Possession of Alcohol diversions.

If you received a citation for a violation you should first check the citation carefully to be sure where your appearance court appearance has been set.

If you do not appear by the date required on the citation, the court will enter a default judgment against you and impose fees. Collection action will be taken and your driving privileges may be suspended resulting in an additional fee imposed.

Your initial appearance on most violation matters will be before a violations bureau clerk. Based on your plea and your driving record, fines and fees are imposed. Fines are based upon your prior driving record and a predetermined schedule set out by Oregon Revised Statutes. Staff does not have discretion to make other "findings".

You may appear before the violations bureau clerk during regular business hours at any time after the court has received and entered your citation and on or before your appearance date. For violations that the clerk is not authorized to process, a future date will be set for you to appear before a judge.

Make yourself aware of all of the options explained on your citation and be prepared to advise the violations bureau clerk of your decision. One of those options is to enter a plea and pay the amount shown on the citation without appearance. If you choose this option, the transaction must be completed on or before your appearance date to avoid license sanctions. If you enter a not guilty plea in writing, the court will set a future date for you and the officer/deputy to appear for a violation trial. You will receive a notice of court appearance from the court.

The law enforcement officer shall have the burden of proving the alleged violation by a preponderance of the evidence. At trial, you are not required to be a witness.

You may request in writing a Trial by Affidavit. If Trial by Affidavit is allowed, the court will send you notice of the date by which your affidavit must be received and will notify the citing officer/deputy of the same due date for his/her affidavit. Affidavits must be notarized. Once the court has reviewed both affidavits and made a decision, you will be notified by mail.