Oregon Motion To Seal Juvenile Records

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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

In Oregon, you can seal your criminal record if you were arrested but not convicted, or if you were convicted of a misdemeanor that did not result in jail time. You must wait at least two years after the completion of your sentence before you can file for sealing.

The process is not complicated, but it is lengthy. You are not required to hire an attorney for the process of filing a motion to set aside (expunction): ORS 137.225. Court staff is prohibited by law from giving you advice on legal matters, including how to fill out the motion and affidavit.

You cannot expunge any Class A felony in Oregon (except for two special cases). Class A felonies carry a maximum possible penalty of 20 years in state prison. Here are some of the most commonly charged Class A felonies in Oregon: Manslaughter in the first degree.

Clean Slate policies authorize states to automatically seal or expunge qualifying criminal records for people who remain crime-free for a set period. By shifting to a government-initiated record clearance system, up to 300,000 Oregonians could be eligible for record clearance relief.

In Oregon, juvenile records are preserved until the court issues an expungement order. There is a five-year waiting period before the offender can begin the expungement process. However, the offender must have no other convictions or criminal investigations pending.

Eligibility & Timing Changes The previous 10 year look back period has been eliminated. It has been replaced by a new shorter, but more complex, eligibility standard that is based on the the category of crime you want to expunge and the length of time since your last criminal conviction (for any crime).

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.

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Oregon Motion To Seal Juvenile Records