The Oregon Affidavit In Support of Motion For Order Setting Aside Arrest is a legal document used to support a motion to have an arrest record set aside. This document is used in Oregon to help individuals clear their criminal record and restore their rights. There are two types of Oregon Affidavit In Support of Motion For Order Setting Aside Arrest. The first type is used for individuals convicted of a crime who wish to have their conviction and arrest record set aside. The second type is used for individuals who have been arrested but not convicted, and who wish to have the arrest record removed from their criminal history. Both types of affidavits require the individual to provide detailed information about their arrest or conviction, including the date, law enforcement agency involved, and specific details of the case. The affidavit must also include an explanation of why the individual believes the arrest or conviction should be set aside. Once completed, the affidavit must be signed by the individual and notarized.
Oregon Affidavit In Support of Motion For Order Setting Aside Arrest
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FAQ
A motion to set aside (expunction) is a legal proceeding for sealing a record of a criminal arrest and conviction. After a motion is granted, all official records of the arrest and conviction are sealed. In the eyes of the law, the arrest or conviction did not occur and the record does not exist.
A motion to set aside (expunction) is a legal proceeding for sealing a record of a criminal arrest and conviction. After a motion is granted, all official records of the arrest and conviction are sealed. In the eyes of the law, the arrest or conviction did not occur and the record does not exist.
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.
New Eligibility Timelines Classification of CrimeWaiting PeriodClass B Felonies (non-Person Only)7 YearsClass C Felonies5 YearsClass A Misdemeanors3 YearsClass B & C Misdemeanors, Violations, and Contempt of Court1 Year1 more row
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.
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.