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Lohrke Law

Background Checks

Can I Restore my Rights if I have a Felony Vehicle Conviction?

Convictions for felony vehicle crimes cannot be set aside, but they can be reduced to misdemeanors. Oregon Revised Statute 161.705 allows a Class C Felony to be reduced to a Class A Misdemeanor. Felony reduction to misdemeanor applies to convictions for criminal as well as vehicle crimes. Once a felony conviction is properly reduced to…

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Can Traffic Offenses be Expunged or Set Aside?

Crimes and offenses that appear in the Oregon traffic code cannot be set aside. Driving Under the Influence of Intoxicants, Reckless Driving, Failure to Perform the Duties of a Driver, and Eluding by Vehicle are examples of traffic offenses that cannot be set aside. Interestingly, Possession of a Stolen Vehicle appears in the vehicle code…

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Is a Juvenile Delinquency Record Automatically Expunged?

 Juvenile records are not expunged automatically. One of the tragedies of the juvenile delinquency system in Oregon is that expungement is very permissive, but not automatic. Juvenile delinquency records are not truly confidential and are used against you in future adult court proceedings.  Unfortunately, people often believe their juvenile delinquency records cannot be used against…

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Do Municipal Court Arrests and Convictions show up on my Criminal Record?

Massive data sharing is made possible with the growth of computerized record-keeping by government agencies. In the last several years we have seen municipal convictions that never affected a client suddenly show up on a background check or prevent them from purchasing a firearm. We regularly receive phone calls from people with long-forgotten convictions from…

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Can Arrests that do not Result in a Conviction be Used Against Me?

Arrests that do not result in a conviction appear on most criminal background checks. Most background checks do a poor job of showing the difference between convictions and arrests. Though arrests cannot be officially used against you, the fact that they show up is prejudicial to employers, landlords, police, and others who view your criminal…

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Why do I need to Provide a Fingerprint Card with my Motion to Set Aside?

Every motion to set aside in Oregon must be accompanied by an FBI-standard fingerprint card. This applies to set asides for arrests as well, not just convictions. This part of the process can seem invasive, especially given that for many crimes people were never even fingerprinted in the first place. However, the purpose of the…

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