If a person is convicted of an offense, there may be situations where it can be set aside. A motion to set aside is a request to seal a criminal arrest and conviction record. In Oregon, this generally includes misdemeanors and some felonies.
Set asides only apply to criminal cases, not civil judgments. Also, traffic violations or traffic crimes are not eligible for a set aside. This includes convictions for driving under the influence of intoxicants, which can only be set aside if the case was not filed, the district attorney dismissed the charges or the accused was acquitted of the charges.
Timeline
If the person was acquitted of the charges or the case was dismissed, he or she can file for a set aside at any time.
However, if the person was convicted of the crime, he or she must wait three years from the date of the judgment, must have complied with all terms of the sentence and must not have been arrested within the last three years in order to file for a set aside. Also, he or she cannot have any current, pending criminal cases in any court and must not have any other convictions within the last ten years, except for certain traffic violations.
If the motion to set aside is granted, the records of the arrest and conviction are sealed meaning that from the court’s perspective, the arrest or conviction did not happen and the record doesn’t exist. During the set aside process, the court will need information about the location of any records to seal them.
An experienced attorney can review the case and provide advice about pursuing a set aside.