Set Aside/ Expungement Archives - Lohrke Law

If one or more felony convictions that happened years ago continue to make your life difficult, there may be solutions to your problem. Oregon law includes several options for people who wish to clear their name—and their legal record. If you’ve stayed out of legal trouble long enough, a process called “set aside,” more…

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…

An eligible adult conviction can be set aside after three years, but there are exceptions. Arrests that do not result in a conviction can also be 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,…

When people set aside an Oregon conviction it gives them the ability to act and answer as if the conviction never occurred. The purpose of the set aside statute is to enhance employment and other opportunities, so it would not make sense if a person had to admit to a set aside conviction. To be…

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…

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…

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…

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…

A number of states in the country automatically seal or expunge certain types of juvenile offense records at the conclusion of court proceedings or once the juvenile offender has reached a certain age. Unfortunately, Oregon is not one of these states. The overwhelming majority of juvenile convictions are eligible to be expunged once the offender…

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…

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…

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…

Court Costs for A Set Aside Or Expungement In Oregon Each 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. These prices are current as of July 2020. If filing…

In Oregon the process of getting an adult conviction off your record is called setting it aside. However, a juvenile adjudication is 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…

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…