The Oregon Affidavit in Support of Motion to Set Aside Records of Arrest is a sworn statement that is used to support a legal motion to set aside or expunge criminal or arrest records in Oregon. This affidavit is typically used by an individual who has been arrested and charged with a crime, but the charges have been dismissed or the individual was found not guilty. The affidavit is used to provide evidence that the individual’s record should be set aside or expunged from public record. There are three types of Oregon Affidavit in Support of Motion to Set Aside Records of Arrest: an affidavit for a defendant, an affidavit for a juvenile defendant, and an affidavit for a juvenile victim. The defendant's affidavit is used by an individual who was arrested and charged with a crime. The juvenile defendant's affidavit is used by a juvenile who was arrested and charged with a crime. The juvenile victim's affidavit is used by a juvenile who was a victim of a crime.
Oregon Affidavit In Support of Motion To Set Aside Records Of Arrest
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How to fill out Oregon Affidavit In Support Of Motion To Set Aside Records Of Arrest?
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For a Class A Misdemeanor: three years from the date of your most recent conviction or release from prison. For a Class B or C Misdemeanor or Violation: one year from the date of your most recent conviction or release from prison.
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.
You can set aside (i.e. expunge) your criminal conviction in Oregon by filing a written motion in the court in which you were convicted. You have to provide a copy of your motion to the county prosecuting attorney's office and local enforcement agency, which has the opportunity to object.
What crimes cannot be expunged in Oregon? Unclassified Felonies.Class A Felonies.Class B Felonies - Person Felonies.Most Sex Crimes.Class C Felonies - Limited Number.Class A Misdemeanors - Limited Number.DUI and Driving-Related Offenses.
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.
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.