Oregon Affidavit To Set Aside Arrest

State:
Oregon
Control #:
OR-SKU-0226
Format:
PDF
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Description

Affidavit To Set Aside Arrest

An Oregon Affidavit To Set Aside Arrest is a legal document used in Oregon courts to request a judge to set aside a person's arrest record. This is typically used when someone has been arrested and then subsequently found not guilty of the offense, or the charges have been dismissed. There are two types of Oregon Affidavit To Set Aside Arrest: one for misdemeanor offenses, and one for felony offenses. The affidavit must be filed in the same court that issued the arrest warrant. The affidavit must include the date of arrest, the name of the arresting officer, the offense for which the person was arrested, and the outcome of the case. The affidavit must also include the person's name, address, and other identifying information. The person who files the affidavit must also sign a sworn statement that the facts contained within the affidavit are true and accurate. Once the affidavit is accepted by the court, the arrest record will be set aside and the case will no longer appear on the person's record.

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FAQ

A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.

For a Class B Felony: seven years from the date of your most recent conviction or release from prison. For a Class C Felony: five years from the date of your most recent conviction or release from prison. For a Class A Misdemeanor: three years from the date of your most recent conviction or release from prison.

aside is sometimes called expungement or expunction. It means that the court record of a criminal or contempt case is sealed by the court and will not appear in official court records.

Your record is eligible to be expunged if: Your conviction, dismissed charge, or record of arrest is for a Class B or C Felony, a Class A, B, or C Misdemeanor, or a violation, but is not one of the ineligible conviction types.

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.

A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.

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.

More info

If you feel your conviction qualifies under Oregon Law (ORS 137. 225) to be set aside, you need to complete the following: 1).Instructions for Completing Paperwork for Setting Aside Conviction or Record of Arrest. The Oregon Statute (law) concerning this process is ORS 137.225. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Complete all the information on the. Motion, Affidavit, and Order. Both felony and misdemeanor criminal convictions can be set aside. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms

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Oregon Affidavit To Set Aside Arrest