Court and DA office staff are prohibited by law from giving you advice on legal matters, including how to fill out the motion and affidavit. If you need help, you will have to research the law yourself or consult an attorney. If the motion does not comply with the law or your papers are filled out improperly, your motion may be opposed by the DA and denied by the court. If you need assistance, the Oregon State Bar can refer you to an attorney who will consult with you for a reduced fee.  The lawyer referral service program can be reached at 800-452-7636.

Once you have complied with the above, the next step is for the District Attorney's Office to request a search through the Oregon State Police to see if you have pending criminal charges anywhere, have an outstanding warrant for your arrest, or have had a previous expungement.  Once the District Attorney's Office receives their report, a response to your motion is prepared and filed with the Court.  The statute requires the District Attorney’s Office to notify the court if it intends to object within 120 days of the motion to set aside being filed with the court. The District Attorney's Office is required to show proof that we have served you with all correspondence sent to the Court.  We do this by sending our response to your motion to your mailing address by certified mail, return receipt requested.

Within approximately one month after the District Attorney's Office has filed its response to your motion, assuming there was no objection to your motion, the court will mail you a signed order.  Once this is done your arrest and/or conviction is sealed.