IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MALHEUR COUNTY STATE OF OREGON Plaintiff Case Number: vs Defendant ORDER TO SET ASIDE AND SEAL ARREST The above named defendant moves the Court for an Order to Set Aside and Seal the ARREST in the following matter. Full Name: Date of Birth: Arrest Charge: Date of Arrest: Arresting Agency: Disposition: Sentencing Date: The Court, being fully advised, makes the following findings of fact: 1. A certified copy of the defendant's Motion was served on the District Attorney, who has declined the opportunity to contest the Motion. 2. The circumstances and behavior of the Defendant from the date of arrest warrant setting aside the arrest. 3. Positive identification of the defendant has been established by Dept. of the State Police Bureau of Identification as provided to the Malheur County District Attorney office. IT IS ORDERED that: 1. The above ARREST is set aside; 2. The Clerk of the Court is directed to seal all files and records relating to said proceeding including the arrest resulting in the criminal proceeding; 3. The Clerk of the Court is directed to send a copy of this Order to the arresting agency named above and the Central Bureau of Criminal Investigation of the Department of State Police. The public agencies receiving a copy of this Order shall seal their records and order the arresting agency to seal its records. The Central Bureau of Criminal Investigation of the Department of State Police shall request the return of arrest date, including fingerprints from the Federal Bureau of Investigation. ALLOW_____________ DENY_____________ ___________________ Date ________________________________ Circuit Court Judge Criminal Affidavit Motion Order Set Aside Seal Arrest 11/09 Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com