Lohrke Law

Can A Judge Deny a Motion to Set Aside or Expunge?

Oregon has a strong legislative and caselaw history that favors granting expungement or set aside motions for eligible convictions.  Judicial discretion is limited.  Importantly, a judge cannot consider the nature or seriousness of the conviction that is being set aside.  Judges determine only whether or not the conviction is eligible to be set aside and whether “the circumstances and behavior of the applicant from the date of conviction…to the date of the hearing on the motion warrant setting aside the conviction.” ORS 137.225(3)

A judge looks at whether the applicant has conformed his behavior to that required by law. If you have been living a conviction-free life for at least 3 to 10 years (depending on your conviction history), the odds are good you can successfully set aside your eligible convictions.  At Lohrke Law, our motions to the court include an important write-up about the applicant that highlights how our client has changed his life since the time of conviction.