Overview Description

Records of a case in which a person is found guilty except for insanity on charges that could be set aside under Or. Rev. Stat. § 137.225 can be aside and sealed, so long as the person has no other findings of guilty except for insanity or convictions, other than motor vehicle violations, within 10 years before petitioning. Or. Rev. Stat. § 137.223.

Ineligible Category or Citation

This section applies only to judgments of guilty except for insanity and only to charges that could be set aside under Or. Rev. Stat. § 137.225.

Procedure General

The petition must be filed in the court that heard the case. For the specific procedure, see Or. Rev. Stat. § 137.223.

Fees

Petitioner must pay a fee of $80 to the Department of State Police and may the filing fee of $265 established under section 21.135. Or. Rev. Stat. §§ 137.223(3)(c), 21.135.

Effect

The person is deemed not to have been found guilty except for insanity, and the court issues an order sealing the records of the case, including the records of arrest. Or. Rev. Stat. § 137.223(5)(a)(A).

Waiting Periods

The petition may be filed three years after the date of judgment.

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