Oregon Expungement Forms and Templates
This page explains the forms you'll usually need for an Oregon expungement. We don't provide the official court forms themselves, and this is not legal advice.
Filing for expungement in Oregon means putting together a few legal documents. Knowing what each one does—and what information it needs—will help you feel prepared when it's time to file.
Required Documents Overview
A complete expungement filing usually includes these documents:
- Motion to Set Aside (sometimes called a set-aside petition)
- Affidavit or declaration in support (as required by the form/court)
- Proposed Order
- Proof of service / certificate of mailing to the District Attorney
- Oregon State Police (OSP) criminal history report or other required record documentation
Note: The exact documents can vary by county and by the type of record (conviction vs. non-conviction). Always follow the instructions from your court and the Oregon Judicial Department forms.
1. Motion to Set Aside (Set-Aside Petition)
What It Is
This is your formal request asking the court to set aside an eligible record under Oregon law. It can be for a conviction or a non-conviction record. Think of it as the main document in your filing packet.
What It Includes
- Your name and contact information
- The case number of the record you're seeking to set aside
- The specific record (charge, statute, date)
- A statement that you meet the eligibility requirements under Oregon law (often ORS 137.225)
- A request that the court grant your motion
Key Points
Make sure the motion cites the right Oregon statute(s) and clearly identifies your record. Be precise with case numbers and dates—courts need exact information to find the right case.
2. Affidavit in Support of Motion
What It Is
An affidavit (or declaration) is a sworn statement saying the facts you provide are true. It backs up your motion by laying out the facts that show you're eligible. Some forms need notarization; others use a declaration under penalty of perjury—follow the instructions for your county.
What It Includes
- Your personal information and relationship to the case
- Statement that you completed all terms of your sentence
- Dates you completed probation, paid fines, etc.
- Statement that the required waiting period has passed
- Statement that you have no pending criminal charges
- Statement that you're not currently on probation or parole
- Explanation of why expungement serves the interests of justice
- Your signature (and notarization if required by the form)
Key Points
Some affidavits must be notarized, while others use a declaration under penalty of perjury. Be truthful—false statements can lead to perjury charges and denial of your petition.
3. Proposed Order
What It Is
This is a draft court order that you prepare for the judge. If the judge grants your expungement, they'll sign this order (sometimes with changes).
What It Includes
- Case caption (court name, case number, parties)
- Findings that you meet the eligibility requirements
- Order setting aside the conviction
- Direction to court clerk to update records
- Direction to OSP to update criminal history records
- Signature line for the judge
- Date line
Key Points
The proposed order makes it easy for the judge to grant your motion—they can just sign your draft. Use proper legal formatting with case captions, and make sure all the details match your other documents exactly.
4. Certificate of Service
What It Is
This document proves that you sent copies of your motion to the District Attorney's office.
What It Includes
- List of documents you served
- Name and address of the person/office you served
- Date of service
- Method of service (mail, personal delivery, etc.)
- Your signature
Key Points
You need to serve the DA at the same time you file with the court. Keep your proof of mailing (like a receipt) in case anyone asks whether service was completed.
5. OSP Criminal History Report
What It Is
An Oregon State Police (OSP) criminal history report shows what criminal records exist under your name. Most set-aside filings include one. What's expected can vary by county and record type.
How to Obtain It
- Request through OSP’s Record Services Unit using the request type that applies to you
- Follow OSP instructions for whether fingerprints are required for your request
- Pay the required fee (amounts can change)
- Processing times vary; plan for at least several business days
Key Points
The OSP report helps the court verify your criminal history and eligibility. Some courts want a “recent” report—what counts as recent can vary by county. An outdated report may cause delays.
Document Preparation Checklist
Use this checklist to make sure you have everything ready:
Pre-Filing Checklist
- ☐Obtained required criminal history documentation (for example, an OSP report, if required)
- ☐Verified case number and conviction details
- ☐Confirmed all sentence terms completed (probation, fines, restitution)
- ☐Verified waiting period has passed
- ☐Confirmed no pending charges or current probation/parole
- ☐Prepared Motion to Set Aside Conviction
- ☐Prepared Affidavit in Support (notarized if required by the form)
- ☐Prepared Proposed Order
- ☐Made copies of all documents for DA and personal records
- ☐Prepared Certificate of Service
- ☐Reviewed whether any filing or agency fees apply in your county or for your record type
- ☐Prepared mailing materials for court filing and DA service (if filing by mail)
Cover Letter Template (Example)
When you mail your documents to the court, include a short cover letter. Here's an example:
[Your Name]
[Your Address]
[City, State ZIP]
[Date]
[County] County Circuit Court
Attn: Court Clerk
[Court Address]
[City, State ZIP]
Re: Motion to Set Aside Conviction
Case No. [Your Case Number]
Dear Court Clerk,
Enclosed please find my Motion to Set Aside under Oregon law, along with supporting documents. I am requesting that the court set aside my conviction in the above-referenced case.
The enclosed documents include:
1. Motion to Set Aside Conviction
2. Affidavit in Support of Motion
3. Proposed Order
4. Certificate of Service
5. OSP Criminal History Report
6. [Payment/Fee waiver request]
I have served a copy of this motion on the District Attorney’s office as required.
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
Formatting Requirements
General Document Format
Most Oregon courts expect filings to follow basic formatting rules. Requirements can vary by county:
- Paper: 8.5" x 11" white paper
- Margins: 1 inch on all sides
- Font: 12-point standard font (Times New Roman, Arial, or similar)
- Line spacing: Double-spaced for legal documents
- Page numbers: Number all pages
- Case caption: Include at top of each document
Case Caption Format
Every document should include a case caption at the top that looks like this:
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY NAME]
STATE OF OREGON, )
)
Plaintiff, ) Case No. [CASE NUMBER]
)
vs. ) MOTION TO SET ASIDE
) CONVICTION
[YOUR NAME], )
)
Defendant. )
Common Mistakes to Avoid
- Incorrect case number: Double-check your case number matches court records exactly
- Missing signatures: Sign all documents requiring your signature
- Forgetting notarization: If the form requires notarization, the affidavit must be notarized (some forms use a declaration under penalty of perjury instead)
- Outdated OSP report: Make sure your background check is recent
- Incomplete service: Serve the DA before or at the same time as filing
- Missing documents: Include all required forms in your filing
- Inconsistent information: Ensure dates, names, and case details match across all documents
County-Specific Forms
Some counties have their own forms or local rules for expungement. Before you file, check with your county circuit court to see if they:
- Have downloadable expungement forms on their website
- Require specific local forms in addition to standard documents
- Have local court rules affecting expungement procedures
Where to Get Official Court Forms
Official Oregon court forms may be available from:
- Oregon Judicial Department: Some forms available on their website
- County Circuit Court: Contact your local court clerk's office
- Law libraries: Many counties have law libraries with form books
Note: We don’t provide copyrighted court forms on this site. Use official Oregon Judicial Department resources and your local court’s website for blank forms and any county-specific requirements.
Skip the paperwork—let us handle it
Oregon Expungement Center checks your eligibility, creates court-ready forms, and mails everything to the court, DA, and OSP for you.
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