Free Blank Legal Forms
IMPORTANT DISCLAIMER: I have used these Oregon expungement forms many times in court for the purpose of expunging a conviction when the client is eligible to have the conviction expunged. They may not fit your situation. These free forms are not a substitute for legal advice from a qualified attorney. Having said that, attorneys charge $400-$500 to basically fill out their version of these same forms and file them for you. What you do with these forms is completely up to you and neither the forms nor the instructions are legal advice. You are completely responsible for the use of these forms and I am not. Contact me if you or someone you know ever needs a good attorney for a criminal case.
- Determine if your case is eligible for expungement, aka motion to set aside. The statute is ORS 137.225. It’s super complicated so I can’t lay it all out here. In summary, it says you can set aside if:
- The crime you are trying to expunge is a misdemeanor or a Class C felony. There’s a special rule for some B felonies too complicated to list here. Possession of marijuana convictions may be expunged even if they were B felonies at the time.
- The crime you are trying to expunge isn’t child abuse, a sex crime, or a traffic offense. There’s a special rule for very specific sex crimes too complicated to list here. DUIIs are “traffic offenses,” you can’t expunge them.
- It’s been three years since the conviction you want to expunge.
- It’s been at least ten years since any other convictions, including those that you got at the same time as the one you want to expunge, even if from the same incident, not including minor traffic offenses like speeding.
- Completely fill out the form on this page to receive three completed Oregon expungement forms (motion to set aside, affidavit to set aside, and order to set aside) via email.
- Sign the motion. Take the affidavit unsigned to a notary public and sign it in front of the notary. The notary will give it a notary stamp. There will be a small fee for that. Make two copies of the signed motion, signed, notarized affidavit, and unsigned order.
- Go to a place that makes fingerprint cards. A place that makes passport photos is a good bet. Have them make you a fingerprint card. There will be a small fee for that. Tell them it’s for an expungement.
- Go to the court clerk of the court where you got the conviction. Ask them for three copies of the judgment, if you don’t already have it. File with the clerk the original motion, original affidavit, original order, one copy of the judgment and a money order or cashier’s check for $265.00 made out to “State of Oregon.”
- Go to the District Attorney’s office (or City Attorney if you were convicted in municipal court) of the jurisdiction where you got the conviction. Give them a copy of the motion, one copy of the judgment, copy of the affidavit, copy of the order, original fingerprint card, and a money order or cashier’s check for $80.00 made out to “Oregon State Police.”
- Save the remaining copy for your records.
- Wait about three months. If you did it right and you’re eligible, you’ll get an order from the court setting aside your conviction. Keep it, because your record is sealed, and you won’t be able to get another copy of that order without a court order.
- Enjoy being conviction free!
If you need a criminal lawyer, call me.
– Barry W. Engle PC. 503-224-2171