Free Blank Legal Forms
IMPORTANT DISCLAIMER: I created this form as a model to help you expunge your own conviction. It may not fit your situation. This free form is not a substitute for legal advice from a qualified attorney. Having said that, attorneys charge up to $1500 to basically fill out their version of this same form and file it for you. What you do with this form is completely up to you and neither the form nor the instructions are legal advice. You are completely responsible for the use of this form and I am not. Give me a call if you need to hire an attorney for an actual criminal charge.
- 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 class B or C felony, a misdemeanor, a violation or contempt of court.
- 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. Violent B felonies can’t be expunged.
- For the period of time after the conviction or release from imprisonment whichever is later, you have had no convictions as follows:
- Seven years for class B felony
- Five years for class C felony
- Three years for class A misdemeanor
- One year for class B or class C misdemeanor or contempt of court
- Fill out the three forms: motion to set aside, declaration to set aside, and order to set aside. Sign the motion and declaration. Everything in the declaration must be 100% true or you could be subject to penalty of perjury. Make two copies of the signed motion, the signed declaration, and the unsigned order.
- Go to a place that makes fingerprint cards. 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 two copies of the judgment from the conviction you are trying to expunge, if you don’t already have it. File the original motion, original declaration, original unsigned order, and one copy of the judgment.
- Go to the District Attorney’s office (or City Attorney if you were convicted in municipal court) of the court where you got the conviction. Give them or mail a copy of the motion, copy of the declaration, copy of the order, original fingerprint card, cashier’s check for $33.00 made out to Oregon State Police.
- Save the remaining copies 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 that, because your record is sealed, and you won’t be able to get another copy of that order.
- Enjoy being conviction free!