Set Aside/ Expungement Archives - Lohrke Law

Oregon is about to make expunging old marijuana convictions faster, easier, and less expensive. Senate Bill 420 will take effect January 1, 2020. It allows marijuana convictions to be set aside with no court costs, fingerprints, or State Police fees. The process happens quickly. After the paperwork is filed with the court, the district attorney…

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…

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…

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…

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…

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…

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…

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…