City Attorney Frequently Asked Questions

1. Since I live in the City of Beaverton, can I receive legal advice regarding personal matters?

   No. The City Attorney’s office advises the City, which has the status of a municipal corporation. The City Attorney acts as corporate counsel to the City executives and managers of the municipal corporation and thus does not and cannot give legal advice to the public.

2. How do I file a claim against the City?

   Claims against the City should be directed to the City’s Risk Manager. The Risk Manager can be reached at (503) 526-2212.

3. How do I go about making a public records request with the City Attorney’s office?

   ORS 192.440(3) authorizes a public body to establish fees to reimburse for actual cost in making public records available. The actual cost may include:  a charge for the time spent by the public body’s staff in locating the requested records; reviewing the records in order to delete exempt material; supervising a person’s inspection of original documents in order to protect the records; copying records; certifying documents as true copies; or sending records by special methods such as express mail.

   Following those parameters, the City Recorder’s office has determined that the following fee schedule will be used to assess charges for Public Records requests:

   • Copying:  $ .10 per page
   • Staff charges depend upon which staff person performs the work, which in turn depends upon the expertise required for the research. Currently that fee range for the City Attorney’s office is:  $17.45 to $48.04 per hour.

   Please be advised that all requests for Public Records must be made in writing. Upon request, an estimate of costs for staff time will be made, and if the time required to respond to the request exceeds that estimate, the requester will be informed prior to the research continuing. Any request for which the estimate exceeds $50, will require payment of the estimated charges in advance. Any unused funds will be refunded.

   The Request for Public Records form (PDF) may be used for your convenience.

4. How should I go about hiring a lawyer if I don’t know one in Oregon?

   If you need a lawyer and do not know one, you can call the Lawyer Referral Service of the Oregon State Bar between 9 a.m. and 5 p.m., Monday through Friday at (503) 684-3763 or toll free at 1-800-452-7636.

5. What is Small Claims Court and how do I go about filing my case?

   Small Claims Court is designed for suits where the amount or value in dispute does not exceed $3,500. The cases brought before Small Claims Court typically involve people suing for money or recovery of personal property. There is a minimal filing fee involved, depending on the value of your claim. You do not have to have an attorney to sue in Small Claims Court. For more information you may consult Chapter 46 of the Oregon Revised Statutes or should contact the Washington County Small Claims Clerk at (503) 846-8888.

6. Where can I find a copy of the Beaverton City Code or City Charter?

   Both City Code and City Charter are available online for viewing and downloading.

7. Would it be possible to speak with the City Attorney regarding a traffic ticket I received, before my first appearance in court?

   No. You should follow the options provided on the ticket.

8. Would it be possible to speak with the City Attorney regarding my being arrested or cited for a misdemeanor crime in the City of Beaverton, prior to my first appearance in court?

   No. You should appear at your first appearance, or arraignment hearing, before the City Attorney will speak with you.

9. How do I go about rescheduling a court date?

   You should contact the Beaverton Municipal Court at (503) 526-2290.

10. Who should I contact about receiving restitution payments?

    You should contact the Beaverton Municipal Court at (503) 526-2290.

11. How do I obtain discovery in my Beaverton court case?

    You should make a written request to the City Prosecutor at the address listed below, specifying what in particular you are looking to obtain. If you would like to purchase copies of the information you should send a check in c/o the Beaverton City Attorney’s Office at the address listed below, payable to the City of Beaverton, in the amount of $5.

    City of Beaverton
    Attn:  Beaverton City Prosecutor
    PO Box 4755
    Beaverton, OR 97076

    The Request for Discovery form (PDF) may be used for your convenience.

12. How do I go about getting my personal property back that was taken by the Beaverton Police Department as evidence in a case?

    Property seized by the Beaverton Police Department in a criminal case is held while the case is pending and cannot be released until final resolution of the case. Upon final resolution, you may contact the City’s Victim Assistance Coordinator at (503) 526-2215.

13. How do I go about getting restitution if I am a victim of a misdemeanor crime in the City of Beaverton?

    You should contact the City’s Victim Assistance Coordinator at (503) 526-2215 and she will work with you, the City Prosecutor and the Beaverton Municipal Court to obtain restitution.

14. How do I get my criminal record set-aside/expunged?

    “Expungement” is a legal term for sealing or setting aside a criminal conviction or record of arrest. Not everyone is eligible to have an arrest or conviction set aside. ORS 137.225 describes who is eligible to have a prior arrest or conviction set aside and how the expungement process works.

    The statute applies only to arrests and convictions that happened in Oregon. Arrests or convictions that happened in other states are not affected by ORS 137.225. Likewise, ORS 137.225 does not affect arrests or convictions that occurred under federal law.

    The expungement process also does not apply to certain types of offenses. For example, minor traffic offenses and many serious criminal offenses are ineligible for expungement. The same is true of offenses where a juvenile court finds a juvenile to be within its jurisdiction because the juvenile committed an act, which if done by an adult, would constitute a serious criminal offense.

    The city cannot provide legal advice to individuals regarding their particular circumstances and whether they qualify for an order setting aside a conviction or record of arrest. To obtain such advice, a person will need to discuss the matter with his or her own attorney. If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can assist you. The number to call is 684-3763 or toll-free in Oregon, 1-800-452-7636. This service will help you contact a lawyer who can advise you. For information about how to get legal help, visit the Oregon State Bar Web site.

    If you seek to have the Beaverton Municipal Court set aside a conviction or record of arrest, you should be aware of the following procedural guidelines. These are only guidelines. In particular cases the process legally required to be followed may be different.

    1. If the person seeks to have a conviction set aside, the person must obtain a certified copy of the judgment of conviction. The copy may be requested from the Beaverton Municipal Court. Call (503) 526-2290 to verify the fee amount.
    2. The person applying will need to obtain a set of their fingerprints. Some police agencies have staff qualified to perform fingerprinting.

    3. Prepare motions, affidavits and orders. Forms to help prepare these legal documents are available at many office supply stores. The correct form to be selected depends on whether the applicant seeks to have a criminal conviction or a record of arrest set aide.

       The information provided in an affidavit must be accurate and truthful. If you do not know the specifics of your criminal record, you can get a copy from the Oregon State Police. The Oregon State Police have a Request for Oregon Criminal History Information form for requesting a copy of your record. Send the written request for a copy of your record to:   OSP, Unit 11, PO Box 4395, Portland, Oregon 97208-4395. Be sure to include the required fee.

    4. File motions, affidavits and orders. You are responsible for correctly drafting and filing all motions, affidavits and orders provided to the court. Any misunderstanding of the legal requirements may result in unnecessary costs or delays. The court charges a nonrefundable filing fee for expungement requests. Call (503) 526-2290 to verify the fee amount. Copies of all documents submitted to the court are required to be filed with the City Attorney’s office with the original fingerprint card.

    5. Await court order. The court may either grant or deny a request for an expungement. The decision depends on whether you meet the legal criteria for expungement. The decision making process usually takes 8–12 weeks; sometimes considerably longer. In certain situations, a formal court hearing is required before the judge can make a decision. You will be notified of the court’s decision by mail.

       If a judge signs the expungement order, that arrest or conviction “shall be deemed not to have occurred, and the applicant may answer accordingly any questions relating to their occurrence.” ORS 137.225(4).

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