As per the Oregon Court of Appeals, there is no limit whatsoever on the number of expungements a person may apply for, and no limit to the number of times a person can request the same expungement. Each time a request for expungement or a motion to set aside an arrest or conviction is submitted to the court, the presiding judge must consider “the behavior and circumstances since commission of the crime.” This consideration changes over the course of time, and must receive a new consideration each time an expungement or set aside is requested.
The Oregon Court of Appeals Ruling On Multiple Applications For Expungement
“Second or subsequent motions to set aside conviction are not barred on claim preclusion grounds because [the law] requires the judge to consider a new aggregate of facts every time the defendant moves to set aside a conviction. State v. Stanford, 111 Or App 509, 828 P2d 559 (1992).
Let Lohrke Law Help You Apply For Expungement Or Set Aside
Lohrke Law invites you to consult with one of our expungement specialists today. Let us help you understand the reasons your petition to set aside or expungement was rejected and how to fix the issues so your next rights restoration request is successful.
This Information is not Legal Advice
The information provided here is not intended to be a substitute for one’s own legal research or the advice of a qualified criminal defense lawyer. Laws and the interpretation of those laws are subject to change at any time, so what was applicable one day may be completely different the next. Legally, each individual case is different and a legal strategy used for one defendant may not be the best course of action for another. Contact an experienced rights restoration lawyer to discuss and understand your particular legal situation.