How to Clear Your Criminal History

(Setting Aside a Criminal Record)

Criminal history can get in the way of becoming employed. If you can meet all the requirements and pay for the fees and court costs, a Judge may decide to clear (set aside) your criminal history. In some states this process is known as expungement.

You cannot clear traffic offenses or Class A or B felonies.

The link below is the Oregon State Police information on expunging your record.

http://www.oregon.gov/OSP/ID/expungement.shtml

The packets of papers you need to fill out are free of charge. If the county you were arrested in does not have these papers, they are available for a fee in most stationary stores and paralegal offices.

At least three years must pass from the time of a conviction or one year from the time of an arrest before you can request to have your record set aside. If you are not sure if enough time has passed for you to apply to have your record cleared or if you have any other questions about your record, you may get a printout of your criminal history from the Oregon State ID Bureau (M-F 8 to 4:30). They are located at 3772 Portland Rd NE, Salem OR 97303. The phone number is 503.378.3070. The cost is $33.00 plus $20.00 for finger printing. It costs *80 to expunge a conviction and there is no cost to expunge an arrest. You must go in person to get the information. At the time you pay your fee, you will show picture ID - any government issued ID. (Prison/Jail ID is acceptable) and be finger printed. The information and a copy of your fingerprints will be sent to you. There is NO SAME DAY SERVICE for the criminal history printout!

When you complete the request "setting aside arrest and/or a conviction" packet, send a copy (does not have to be certified) of your fingerprints and a check or money order for the fees to the District Attorney's office. It is very important this paperwork is completed correctly and in full or the set aside of your criminal history could be delayed. Keep a copy of everything for yourself and be sure to sign in every place that requires your signature. You must sign the affidavit in the presence of a Notary. You cannot have a conviction within the past ten years or else signing the affidavit will be false swearing and result in a criminal proceeding.

The process of Setting Aside your record may take up to twelve weeks.

You are not required to hire an attorney to file a motion; however, court staff is prohibited by law to give legal advice or assist you in filling out the paperwork, so you will either have to research the law yourself or hire an attorney.

The DA will send the paperwork, fingerprints, and your cashiers check or money order for the fees to the Oregon State Police. The police will make sure the fingerprints are yours and check to make sure your offense is able to be cleared. Then the entire packet is returned to the DA's office. The DA's office reviews the criminal history and decides whether or not to "contest" or argue against the request to clear criminal history.

If there is no objection from the DA's office regarding the request, the "Order to Set Aside Arrest/Conviction" is taken before a judge in the court the case was originally tried in. (Circuit, District, Municipal, etc.) It is the Judge's choice whether or not to grant the clearing of your record and how many of the charges to clear or not. Generally, the decision is based on the DA's recommendation.

If the Judge signs the order, the court sends it to the Oregon State Police where the information is removed from public record and sealed.

ORS 137.225 is the Set Aside Statute Sd 02.01.06

For more information and legal advice go to the Oregon State Bar website.

For Information about setting aside Juvenile Court records, go to

http://www.osbar.org/public/legalinfo/1081.htm

Updated June 13, 2008 by Sheila Johnson, Disability Program Navigator.