Oregon Motion For Order Setting Aside Arrest
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How to fill out Oregon Motion For Order Setting Aside Arrest?
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FAQ
Senate Bill 397 takes effect January 1, 2022. It reduces most set aside timelines and has a profound effect on non-person Class B felonies. Expungement of eligible Class B felony convictions is now possible after seven years. Cost Reduction of at least $281 per case by elimination of filing fees.
In Oregon, Class A felonies generally cannot be expunged due to the severity of the crimes, with marijuana cases being one exception. Traffic offenses, B-level violent felonies, and most crimes of a sexual nature are also ineligible. Relief from registration, however, may be an option in those cases.
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
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 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.
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.
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.
Under Oregon law, you cannot expunge (i.e. remove) certain felony convictions regardless of the facts and regardless of the passage of time.