IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY]

STATE OF OREGON, )
Respondent, ) Case No. [__]
)
v. ) PETITION AND MOTION TO
) SET ASIDE (EXPUNGE)
[PETITIONER FULL LEGAL NAME], ) CRIMINAL RECORD
Petitioner. ) (ORS 137.225)

[// GUIDANCE: Insert court caption exactly as required by the local Circuit Court rules. Verify local rule numbering for caption block spacing and font size.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations
4. Representations & Warranties
5. Requested Relief
6. Verification
7. Certificate of Service
8. Attachments & Exhibits

1. DOCUMENT HEADER

1.1 Parties

a. Petitioner: [PETITIONER FULL LEGAL NAME], date of birth [MM/DD/YYYY], Oregon SID [__], FBI No. [__].
b. Respondent: The State of Oregon, by and through the Office of the District Attorney for [COUNTY] County (“District Attorney”).

1.2 Recitals

WHEREAS, Petitioner seeks to have certain arrest, charging, and/or conviction records related to the matter described below set aside and sealed pursuant to ORS 137.225; and
WHEREAS, Petitioner meets all statutory eligibility requirements and has satisfied all waiting periods prescribed by law;

NOW, THEREFORE, Petitioner respectfully petitions this Court as follows:

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below:

“Applicable Record” – The arrest, charging instrument, court file, and all related records arising from the incident occurring on [ARREST DATE] under case number [ORIGINAL CASE NO.].

“Set Aside” or “Expunge” – The sealing of the Applicable Record in accordance with ORS 137.225 such that the record is deemed not to have occurred, subject only to statutory exceptions for limited law-enforcement access.

“Waiting Period” – The statutory period following conviction or dismissal after which a petitioner becomes eligible for expungement under ORS 137.225(1)(a)(A)–(D).

[// GUIDANCE: Expand or delete definitions as needed. Maintain alphabetical order.]

3. OPERATIVE ALLEGATIONS

3.1 Jurisdiction & Venue
This Court has jurisdiction under ORS 137.225 and venue is proper in [COUNTY] County because the Applicable Record originated in this County.

3.2 Case Background
a. Arrest Date: [ARREST DATE]
b. Offense Level: [Felony / Misdemeanor / Violation] – Class [___]
c. Disposition: [Conviction / Dismissal / Acquittal] on [DISPOSITION DATE]

3.3 Completion of Sentence and Financial Obligations
Petitioner completed all terms of incarceration, probation, post-prison supervision, and paid all court-ordered financial obligations in full on [DATE]. [Attach proof if available.]

3.4 Compliance With Waiting Period
More than [X] years have elapsed since the later of (i) conviction date or (ii) completion of the sentence, satisfying the Waiting Period required by ORS 137.225(1)(a).

3.5 Absence of Disqualifying Conditions
a. Petitioner is not presently charged with any criminal offense.
b. Since completion of the Applicable Record, Petitioner has not been convicted of any offense other than traffic violations under ORS 801 et seq.
c. The offense sought to be set aside is not disqualified under ORS 137.225(5) (e.g., not a Class A or certain sex offenses).

3.6 Notice to District Attorney
Contemporaneously with filing, Petitioner has served this Petition, supporting declaration, and fingerprints (see Attachment A) upon the District Attorney as required by ORS 137.225(2)(a).

3.7 Fingerprint Card
Petitioner’s completed fingerprint card (Attachment A) has been provided for Oregon State Police identification services.

4. REPRESENTATIONS & WARRANTIES

Petitioner hereby represents, warrants, and declares under penalty of perjury:

4.1 All statements herein are true, correct, and complete to the best of Petitioner’s knowledge, information, and belief.

4.2 Petitioner has made full disclosure of any and all prior criminal convictions.

4.3 No relief sought herein will contravene any outstanding restitution order or victim-rights provisions under Oregon law.

[// GUIDANCE: Consider attaching a criminal history report or sworn statement if court practice in your county requires additional proof.]

5. REQUESTED RELIEF

Petitioner respectfully requests that the Court enter an Order:

5.1 Granting this Petition and setting aside the Applicable Record pursuant to ORS 137.225;

5.2 Directing the clerk of the court, arresting agency, Oregon State Police, Department of Justice, and any other relevant agency to seal their records and omit any reference to the Applicable Record in response to public inquiries;

5.3 Declaring that Petitioner is thereafter deemed not to have been previously convicted or arrested for the offense, except as otherwise provided by ORS 137.225(9); and

5.4 Granting such other and further relief as the Court deems just and equitable.

6. VERIFICATION (ORS 1.145 Unsworn Declaration)

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury that the foregoing is true and correct.

Executed on [DATE] at [CITY], Oregon.

[PETITIONER SIGNATURE]
[PETITIONER PRINTED NAME]

7. CERTIFICATE OF SERVICE

I certify that on [DATE], I served a true copy of this Petition, supporting declaration, and fingerprint card on the District Attorney for [COUNTY] County at [ADDRESS] by the following method: [U.S. Mail / Hand Delivery / eFile].

[NAME], [Relationship to Petitioner or Attorney Bar No.]

8. ATTACHMENTS & EXHIBITS

• Attachment A – Original Fingerprint Card
• Attachment B – Proof of Sentence Completion [if available]
• Attachment C – Proposed Order to Set Aside (Expunge) Criminal Record

[// GUIDANCE: Many Oregon courts require that a proposed order be submitted concurrently. Include the court-approved form if one exists in your county.]

PROPOSED ORDER (Submit as Separate Document if Required)

[Use the latest county-specific “Order to Set Aside” template. Ensure caption matches exactly and include judicial signature block.]

PRACTICAL NOTES & RISK MANAGEMENT

[// GUIDANCE:
1. Waiting Periods (ORS 137.225(1)(a)):
• Felony (Class C): 5 years
• Misdemeanor/Class B violation: 3 years
• Class A felony marijuana convictions and most non-person Felonies: 3 years
• Arrest dismissed or acquitted: 0 years
Double-check latest legislative amendments before filing.

2. Fingerprints: Obtain on FBI FD-258 card; some counties will not accept electronically captured prints.

3. Filing Fee: Confirm current fee schedule; fee waivers may be available under ORS 21.682.

4. Local Practice: Some counties schedule a hearing only if the District Attorney objects. Attach a proposed order to expedite processing.

5. Confidential Information: Redact DOB/SID/FBI numbers from public copies per UTCR 2.100; file Confidential Information Sheet if required.

6. Immigration Consequences: Expungement under Oregon law may not eliminate federal immigration effects. Advise clients accordingly.
   ]

END OF TEMPLATE