The Oregon Motion For Order Setting Aside Arrest Record And Conviction is a legal document filed in Oregon courts that provides relief from a conviction or arrest record. It is used to have a conviction or arrest record sealed from public view. There are two different types of Oregon Motion For Order Setting Aside Arrest Record And Conviction: an Expungement Motion and a Set Aside Motion. An Expungement Motion is used to completely remove a conviction or arrest record from view, while a Set Aside Motion is used to restore the rights of an individual who has been convicted of a crime, such as the right to possess a firearm or the ability to be licensed in certain professions. Both Motions can be used to have a conviction or arrest record sealed from public view, but only an Expungement Motion will completely remove the record from public view.
Oregon Motion For Order Setting Aside Arrest Record And Conviction
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FAQ
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.
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.
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.
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.
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.
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.