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Oregon Order Setting Aside Arrest Record

Oregon Order Setting Aside Arrest Record

Name: Oregon Order Setting Aside Arrest Record
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.84 (259 reviews)

Category:

Oregon Local County - Morrow-Umatilla - Circuit Court - Criminal

State:

Oregon

Control #:

OR-SKU-0740

Format:

Instant download

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Description

Order Setting Aside Arrest Record An Oregon Order Setting Aside Arrest Record is a judicial order issued by a court in the state of Oregon that expunges the record of an arrest from a person's criminal history. This order is used to prevent the arrest record from appearing on public background checks or being used against the person in future proceedings. There are two types of Oregon Order Setting Aside Arrest Record: 1) an Order of Setting Aside Arrest Record, and 2) an Order of Setting Aside Conviction. An Order of Setting Aside Arrest Record is issued when the charges against the person were never filed or the case was dismissed; it is used to remove the arrest record from the criminal history. An Order of Setting Aside Conviction is issued when the person is found guilty of the charges and has finished all sentencing requirements; it is used to remove the conviction from the criminal history.

An Oregon Order Setting Aside Arrest Record is a judicial order issued by a court in the state of Oregon that expunges the record of an arrest from a person's criminal history. This order is used to prevent the arrest record from appearing on public background checks or being used against the person in future proceedings. There are two types of Oregon Order Setting Aside Arrest Record: 1) an Order of Setting Aside Arrest Record, and 2) an Order of Setting Aside Conviction. An Order of Setting Aside Arrest Record is issued when the charges against the person were never filed or the case was dismissed; it is used to remove the arrest record from the criminal history. An Order of Setting Aside Conviction is issued when the person is found guilty of the charges and has finished all sentencing requirements; it is used to remove the conviction from the criminal history.

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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.

In order to expunge a conviction, dismissed charge, or record of arrest, you (or your lawyer) must file a ?Motion to Set Aside? with the court where the original incident (the conviction, charge, or arrest) happened. The court must grant the motion for an expungement to take place.

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.

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.

Class B Felonies - Person Felonies The Oregon Criminal Justice Commission classifies a large number of felonies under Oregon law as "person" felonies, which cannot be expunged.

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.

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You may request that a court seal your arrest records or criminal records. Expungement is the act of clearing a criminal record.The process can take anywhere from three to nine months to complete. What Types of Convictions can be Set Aside? An order setting aside a criminal conviction is available for misdemeanor and felony convictions. If the Court grants an application to set aside a conviction or to reinstate civil rights, the case is not sealed, and the case remains a public record. It is just a hearing to set aside a conviction. You are not asking for a re-trial. Setting aside your old criminal matter, the judge has signed an order sealing that old record as allowed by. Oregon Revised Statutes 137.225.

Oregon Order Setting Aside Arrest Record

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What is a Motion to Set Aside in Oregon?

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Is set aside the same as expungement Oregon?

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