If you or your attorney properly investigated your case, there should be no need to appear for a hearing before a judge. A set aside in Oregon is fairly black and white. You are eligible or you are not. It is a waste of your time and money to apply for a set aside if you are not eligible. The only purpose for a hearing is for a prosecutor or district attorney to explain to the judge why you are not eligible.

We regularly receive phone calls from people who had a hearing set after they attempted to do their own expungements. Without fail, as soon as we looked into their cases, they were not yet eligible for expungement. They are needlessly out more than $350 in fees that could have been saved had they called us first.

If you apply to set aside cases that are eligible, there will generally not be a hearing before a judge. The motion will usually be granted once the prosecutor or district attorney informs the judge they have no opposition to the request.