Oregon Expungement Package - Arrested but not Charged
What this document covers
The Oregon Expungement Package - Arrested but not Charged is a legal document set designed for individuals who have been arrested but not formally charged with a crime. This package allows them to request the sealing of their arrest records, ensuring that the arrest does not hamper future opportunities, such as employment or housing. Unlike other expungement forms, this package specifically addresses situations where no charges were filed following an arrest.
What’s included in this form
- Motion to Set Aside Records of Arrest: This formal request is submitted to the court to seal arrest records.
- Affidavit in Support of Motion: A sworn statement supporting the motion, detailing eligibility and facts surrounding the arrest.
- Order to Set Aside Records of Arrest: The official court order if the motion is granted, resulting in the sealing of records.
When to use this document
This form is used when an individual has been arrested and subsequently not charged with any crime. It is applicable in scenarios where the arrest record could negatively impact the person's future, particularly regarding background checks for employment and housing. The expungement process is essential for those who want to clear their name and start anew.
Who can use this document
- Individuals who were arrested but not charged with a crime.
- Those who want to seal their arrest records from public access.
- People looking to enhance their chances of employment or housing opportunities.
Instructions for completing this form
- Complete the Motion and Affidavit, ensuring all sections are filled in except for the case number.
- Sign the Affidavit in the presence of a Notary Public to validate your signature.
- Obtain a complete set of fingerprints and ensure they are noted as being for a motion to set aside an arrest record.
- Make copies of the Motion and Affidavit for yourself and for the District Attorney's office.
- File the original documents with the court clerk and pay the required filing fee.
Does this form need to be notarized?
Yes, this form must be notarized to be legally valid. The Affidavit requires your signature to be witnessed by a Notary Public, ensuring that the information provided is affirmed under oath. US Legal Forms offers integrated online notarization services for your convenience, available 24/7 via secure video calls.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to notarize the Affidavit before submitting it.
- Omitting necessary details in the Motion or Affidavit, leading to potential delays.
- Not providing a complete set of fingerprints as required.
Why use this form online
- Convenience of downloading and completing forms from home.
- Editable templates allow for easy customization to fit specific situations.
- Access to attorney-drafted forms ensuring legal compliance.
Key takeaways
- The Oregon Expungement Package is essential for sealing arrest records when charges were not filed.
- Accurate completion and notarization of the documents are crucial for successful filing.
- You must serve copies of the documents to the District Attorney and file originals with the court.
- Fingerprinting is a mandatory step in the expungement process.
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FAQ
Yes, you can be recharged. A dismissal is not an adjudication of the charge on its merits, so double jeopardy doesn't apply. To dismiss and recharge an individual is a common tactic utilized by the state frequently.
Federal EEOC guidelines forbid turning down job candidates on the sole basis of arrests that don't lead to conviction. GoodHire excludes dismissed charges from its background check results.
For legal purposes, if your conviction is dismissed, it is as though you never committed the crime. Your record will be changed to reflect the dismissal, and you usually do not have to disclose that you were convictedfor example, when applying for a job.
The courts perform work on a first come, first serve basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.
How Much Does An Expungement Cost? If you were convicted of an offense, it costs roughly $1000 to expunge each offense, including a $265 filing fee and an $80 fee to the State Police. If your case was dismissed, the costs are around $600.
How Long Does it take to Set Aside or Expunge a Conviction in Oregon? It takes four to six months after the paperwork is filed to set aside or expunge most convictions in Oregon. Some counties are faster than others.
If your case is dismissed, your record will show that the charges were brought, but that they were later dropped. Also, there will be a history of your arrest.An expungement is when the record of your arrest, and your subsequent criminal case, are destroyed and any public access to this information is eliminated.
If your case was dismissed, that means you were not convicted. However, you are still considered charged. The difference is significant. A dismissal is the same as being found not guilty at trial.
