Gresham Oregon Motion to Set Aside Records of Arrest - State as Plaintiff

State:
Oregon
City:
Gresham
Control #:
OR-8753R
Format:
Word; 
Rich Text
Instant download

Description

This is a sample Oregon court form, a Motion to Set Aside Records of Arrest. Available in Word format.

A Motion to Set Aside Records of Arrest in Gresham Oregon is a legal action pursued by an individual who wants to have their arrest records removed from public view. This motion is typically filed when the State acts as the plaintiff in the case. It allows individuals to regain control over their reputation by having their arrest records sealed or expunged. There are various types of Gresham Oregon Motion to Set Aside Records of Arrest — State as Plaintiff, each with specific criteria and processes. Some examples include: 1. Gresham Oregon Motion to Set Aside Records of Arrest for a Misdemeanor: This type of motion applies to individuals who were arrested for a misdemeanor offense in Gresham, Oregon, and want to have their records set aside. The State acts as the plaintiff in these cases, and the individual must meet certain eligibility requirements, such as completing their sentence, probation, or diversion program successfully. 2. Gresham Oregon Motion to Set Aside Records of Arrest for a Felony: If someone has been arrested for a felony offense in Gresham, Oregon, and wishes to have their arrest records set aside, they can file a motion under this category. The State acts as the plaintiff, and the individual must meet specific criteria, such as completing any applicable sentences, probationary periods, or diversion programs successfully. 3. Gresham Oregon Motion to Set Aside Records of Arrest for Juveniles: Juveniles who have been arrested in Gresham, Oregon, and want their arrest records to be set aside can file a motion specifically designed for their situation. The State acts as the plaintiff, and certain conditions, such as completing rehabilitation programs or reaching a specific age, must be met for the motion to be considered. The process of filing a Gresham Oregon Motion to Set Aside Records of Arrest — State as Plaintiff involves gathering relevant documentation, submitting the motion to the appropriate court, and potentially attending a hearing. It is essential to consult with an attorney experienced in criminal law to ensure the correct procedure is followed and all necessary criteria are met. The keywords relevant to this topic are: — GreshaOregongo— - Motion to Set Aside Records of Arrest — Statplaintiffif— - Sealing of Arrest Records — Expungement of Arrest Record— - Misdemeanor — Felony - Juvenile Arrest— - Eligibility Requirements — Rehabilitation Program— - Expungement Process — Criminal Law Attorney.

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FAQ

Obtain and complete a legal fingerprint card. Complete and notarize an affidavit. All documents will go through the process of an OSP background check, District Attorney review, and signature approvals. 3-4 months later, your signed expungement order (and your cleared record) will be official.

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.

You are required to submit your fingerprint card and the Request for Set Aside Criminal Record Check form directly to OSP. 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.

Expungement, or expunction as it is sometimes referred to, is a commonly used term. However, in the state of Oregon, the process of removing an adult conviction from one's permanent record is called ?setting it aside.?

Obtain and complete a legal fingerprint card. Complete and notarize an affidavit. All documents will go through the process of an OSP background check, District Attorney review, and signature approvals. 3-4 months later, your signed expungement order (and your cleared record) will be official.

Eligible Class C Felonies can be expunged after five years, and non-person Class B Felonies after seven years.

The only way to remove or update your information from an FCRA background check or regulated website is to contest the accuracy records or provide proof of expungement or sealing. Some employers are allowed to see certain expunged or sealed cases on an FCRA check.

New Eligibility Timelines Classification of CrimeWaiting PeriodClass C Felonies5 YearsClass A Misdemeanors3 YearsClass B & C Misdemeanors, Violations, and Contempt of Court1 YearNo Complaints60 Days1 more row

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.

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Further information. You are looking for "expungement.The Oregon DUII Guide. Plaintiff, v. Include, among other things, criminal record expungement, waiving court fines and fees, and driver's license reinstatement.

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Gresham Oregon Motion to Set Aside Records of Arrest - State as Plaintiff