order to set aside arrest record - oregon

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Order setting aside arrest record OregonExpungementClearing RecordFelonyMisdemeanor

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

IN THE OREGON CIRCUIT COURT

_________________ COUNTY

IN RE:

_______________________,

Petitioner.)

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Case No. ______________

ORDER SETTING ASIDE/SEALING ARREST RECORD

This matter appears before the court on movants motion for expungement of the record pursuant to ORS 137.225, the State of Oregon having no objection; and the court, having confirmed the movants eligibility for expungement, makes the following FINDINGS OF FACT AND CONCLUSIONS OF LAW:

1.The original charge against the defendant was ___________________________.

2.The date of the movants arrest on this charge was ___________________________.

3.The arresting agency was: ___________________________.

4.The disposition of this case was: ______________________________.

5.Positive identification of the movant has been established by the Department of State Police Bureau. Criminal Identification Number is: ____________________.

6.At lease one year has elapsed since the arrest date;

7.Movant is not now under the charge of commission of any crime;

8.The arrest charge may be set aside;

9.The movant has not been arrested within the three-year period immediately preceding the filing of this motion for any offense, excluding motor vehicle violations, and excluding arrests for conduct associated with the same criminal episode that caused the arrests that is sought to be expunged;

10.Excluding motor vehicle violations, the movant has not been convicted of any other offense within the ten-year period immediately preceding the filing of the motion to seal the arrest record;

11.It appears to the court that the circumstances and the conduct of the movant from the date of the arrest to the present warrant the relief requested;

IT IS ORDERED that the arrest record of ____________________________ for the offense of _________________________________, on (date)____________________________, is hereby set aside and for the purposes of law, the movant is hereby deemed not to have been previously arrested for this alleged offense.

IT IS FURTHER ORDERED, that such arrest, conviction, and other proceedings are deemed not to have occurred, and the movant may accordingly answer any questions relating to their occurrence, as if they had never occurred.

IT IS FURTHER ORDERED, that the record of arrest and any other official records in this case be sealed and any reference to them be removed from public view.

IT IS FURTHER ORDERED, that the clerk of the court forward a certified copy of this order to the Director, Bureau of Identification and Investigation, Department of Oregon State Police, Oregon Department of Corrections, Multnomah County Adult Community Justice; and all other Agencies listed below:

________________________

Circuit Court Judge

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