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Set Aside Process
(Revised 1/1/2010)
This information is provided as an outline only.  Please contact the District Attorney or City Attorney for further information about this process.
To have an arrest/conviction cycle set aside, also known as expunged, from your record you must file a copy of the motion with the Prosecuting Attorney’s office for the county in which you were arrested.  (City Prosecutor if tried in Municipal Court.)  The original forms are submitted to the court of jurisdiction.
Some agencies supply “packets” for expungement.  If the county you were arrested in does not supply them, the paperwork may be purchased at a stationery store.
The paperwork must be completed and submitted to the court of jurisdiction with a copy of all paperwork being served upon the Prosecuting Attorney’s office along with an original set of your fingerprints and certified check for $80.00 made out to Oregon State Police, if the arrest resulted in a conviction.  If the arrest resulted in a dismissal no$80.00 fee is required.
The Prosecuting Attorney’s office sends the paperwork, fingerprints and $80.00 check (for conviction) to Oregon State Police.  The Oregon State Police will then do a fingerprint comparison to be sure the correct record is being considered for a set aside or expungement.  The paperwork, fingerprints and a copy of the computerized criminal history are returned to the Prosecuting Attorney’s office.
After reviewing the computerized criminal history, the Prosecuting Attorney's office offers a recommendation for approval or denial of the motion put before the court. 
The “Order to Set Aside Arrest/Conviction” is presented before the judge in the court where the case was originally tried (Circuit, District, Municipal, etc.) for final review and approval or denial.
Signed and certified orders are forwarded from the court to the Oregon State Police for appropriate action and compliance with the order.
  • No convictions for Traffic offenses may be set aside or expunged.
  • Driving Under the Influence of Intoxicants is not eligible when the charge was dismissed due to a diversion and may not be set aside or expunged.
  • No convictions for Class A or B felonies may be set aside or expunged.