Oregon Set Aside in Corvallis

40+ Years of Experience Behind Your Oregon Set-Aside Case

Oregon provides a legal process for setting aside certain arrests, citations, charges, and convictions. Many people call this process expungement, but Oregon statutes use the term set aside. Under ORS 137.225, a court can set aside eligible records and order them sealed.

Jennifer I. Nash & Nicolas Ortiz, P.C. represents clients seeking Oregon set asides in Corvallis and surrounding areas. Our attorneys provide strategic guidance in matters that can affect a person’s freedom and future.

Call (541) 243-0678 to request an initial consultation and discuss whether your Oregon record may qualify for a set aside.

Could Your Oregon Record Qualify for a Set Aside?

Eligibility depends on the type of record, how much time has passed, and the person’s criminal history. Oregon Judicial Department instructions identify several kinds of records that may qualify for relief.

Records that may qualify include:

• Arrests, citations, and charges that didn’t lead to a conviction
• Dismissed cases and acquittals
• Convictions for eligible violations or crimes
• Contempt findings
• Guilty except for insanity findings, meaning findings based on a lack of criminal responsibility due to a qualifying mental condition

For convictions, Benton County Circuit Court guidance states that at least three years must pass after judgment is pronounced. A person can’t obtain a set aside while on probation, parole, or post-prison supervision. A conviction also can’t be set aside if the person was convicted of another crime, excluding motor vehicle violations, during the 10 years before filing.

Excluded categories include:

• Sex crimes and crimes against children
• Class A and Class B felonies
• Traffic offenses, with a stated exception for marijuana possession
• State or municipal traffic convictions
• Actions brought by federal, tribal, or another state’s law enforcement
• Matters handled by local courts other than Oregon circuit courts

How a Set Aside Affects Your Oregon Record

When a court grants a set aside, Oregon law deems the person not to have been previously convicted, arrested, cited, or charged for the record covered by the order. The order seals the covered court, arrest, citation, or charge record.

This relief can change how a person answers criminal-history questions on employment, housing, and professional licensing applications. The effect depends on the wording of the question and the record covered by the order, so it’s important to understand the scope of the specific set aside.

How to File a Set-Aside Motion in Oregon

A motion must be filed in the Oregon circuit court where the case occurred or would have occurred. For a Benton County case, the forms are filed with the Criminal Unit of the Benton County Circuit Court at the Benton County Courthouse.

The filing process generally includes:

• Selecting the applicable forms: Section B forms apply to arrests without a conviction, while Section C forms apply to arrests with a conviction.
• Preparing the filing: The required documents include a motion and declaration addressing the requested relief.
• Notifying the prosecutor: After filing, the motion and declaration must be mailed to the prosecuting attorney in the county where charges were or could have been filed.
• Waiting for a response: The district attorney typically has 120 days to object.
• Attending a hearing if required: The court may schedule a hearing after the objection period.

Oregon Judicial Department instructions state that there’s no court filing fee for a set-aside motion. Other requirements depend on the record and circumstances involved.

Discuss Your Record with Our Criminal Defense Attorneys

We’ve helped hundreds of Oregon residents address legal issues affecting their freedom or family. We serve clients in Corvallis and surrounding areas with compassionate guidance, and we prepare every case for trial. Information submitted through our contact form can give our attorneys a starting point for the consultation.

Call (541) 243-0678 to request an initial consultation about clearing your Oregon criminal record.