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Lohrke Law

Set Aside/ Expungement

Can the State Appeal my Successful Expungement or Set Aside?

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,…

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Can Rights be Restored if Money is Still Owed in a Case?

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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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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If my Motion to Set Aside or Expunge is Denied, can I Apply Again?

There is no limit to the number of times a person can ask the court to set aside an Oregon conviction. The judge is required to consider, “behavior and circumstances since commission of the crime,” which changes with time and requires a fresh look each time set aside is requested. As the Oregon Court of…

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Can I Set Aside or Expunge a Conviction if my Probation was Revoked?

Revocation of probation does not prevent expungement or set aside, but it is a factor the judge can consider. When a criminal defendant is sentenced to probation, he is ordered to comply with certain requirements of probation. If he does not comply with those terms, the probation can be revoked and incarceration imposed. Despite the…

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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…

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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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Must I Appear Before a Judge to Set Aside a Conviction?

If you or your attorney properly investigated your case, there should be no need to appear for a hearing before a judge. A set aside in Oregon is fairly black and white. You are eligible or you are not. It is a waste of your time and money to apply for a set aside if…

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How many Convictions can I Set Aside or Expunge?

Man with Long Criminal History

In Oregon, there is no limit on the number of set asides you can do, so long as each case is eligible. We have set aside a dozen or more convictions for people. Criminal charges and convictions can mount quickly once a person is in the system and known to law enforcement. However, once ten…

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How Long Does it take to Set Aside or Expunge a Conviction in Oregon?

It takes four to six months after the paperwork is filed to set aside or expunge most convictions in Oregon. Some counties are faster than others. Once the court paperwork is filed, it triggers a process to make sure the applicant is eligible for the expungements requested. The majority of the time is spent waiting…

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How Much Does it Cost to Set Aside or Expunge a Conviction in Oregon?

At a minimum, an expungement or set aside motion requires a $281 court filing fee as well as an $80 background check fee for the Oregon State Police.  Additional costs include $15 to $20 for a fingerprint card. (Pricing current in 2019) If an attorney handles your case, attorney fees will also be required. Lohrke…

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Can Convictions in Municipal Courts be Set Aside or Expunged?

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 aside convictions or…

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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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