Municipal Court Convictions Municipal Courts in Oregon must allow set asides or expungements under the same laws that apply in Circuit Courts. The process and fees are generally the same as well. Municipal Courts can be much easier to deal with than Circuit Courts, but sometimes their staff has never dealt with motions to set…

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   The right to bear arms has been included in the U.S. Constitution practically from the beginning. This right is reiterated in the Oregon Constitution as well. In the aftermath of certain criminal offenses, however, these rights may be suspended or revoked for the sake of the public good. Adults in Oregon who wish to…

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  Both the U.S. constitution and the constitution of Oregon promise citizens the right to bear arms. But like all of the rights in our democracy, there are exceptions designed to protect everyone’s safety and peace. Americans are also entitled to free speech, but it’s still illegal to shout “Fire!” in a crowded movie theater.…

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Anybody with a felony record knows very well the challenges of finding decent employment and housing. The clear result of felony prosecutions is that good potential workers are kept out of the productive labor force. A report from the Center for Economic and Policy Research states that this under-employment actually reduces the productivity of the…

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We think of Rights Restoration as a hierarchy. At the top is expungement or set aside, which makes the conviction disappear. You can’t get better than that. If you cannot expunge or set aside, the next best thing is to turn a felony into a misdemeanor. This is done through a law that allows a…

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In our experience all fines, fees, and restitution must be paid off before people can set aside a conviction. A reduction requires at a minimum to be up to date with a payment plan. The laws do not explicitly discuss money owed, but they do discuss complying with the sentence of the court, which arguably…

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Because of global accessibility to digitized information and record keeping, data sharing across local, state and federal governmental agencies have become the norm. The result has been clients who have had municipal court convictions from the 80s, 70s or even 60s pop up on a background check, preventing them from getting an apartment, being hired…

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When someone is arrested but not convicted, the relief they feel can be overwhelming. It is unfortunate that most background checks fail to differentiate between an arrest and a conviction. While arrest records cannot technically be used against someone, they are generally considered public information.  Unless they are expunged, arrests are likely to appear on…

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1. Set Aside (Expungement) Clears Criminal Records When a criminal arrest or conviction is expunged, all official records of the incident, including police records are sealed, and you can legally deny the arrest or conviction over occurred. In extremely limited circumstances, a judge can opt to reopen an expunged record, but this is an extremely…

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