There are instances of successful set asides being overturned by the Court of Appeals. However, it is less common than it once appears to have been. The set aside statute, ORS 137.225 is one of the most convoluted and hard to interpret laws in Oregon. Its language understandably took some fine-tuning in the courts. Today, we have a pretty good idea what is eligible and what is not, though questions do still arise.
We regularly have to help district attorneys understand the rights restoration laws and show them why our clients qualify under the law. For example, we have won arguments that felony reduction is permissible, even years after the conviction, and that non-traffic convictions can be expunged out of traffic cases.
The best way to avoid a surprise appeal of your case is to hire an experienced rights restoration attorney.