If a conviction cannot be expunged, then reducing it from a felony to a misdemeanor is probably the next best thing. Felony reduction is most useful with driving crimes and some felonies that cannot be expunged.
What Sorts of Offenses Can Be Reduced?
Oregon Revised Statutes sections 161.705 and ORS 161.710 allow for persons convicted of certain felonies to petition to have those felonies reduced to Class A misdemeanors. Offenses that can be reduced or removed include:
- Class C Felonies
- Class B Felony drug crimes
- Class A Felony Racketeering activity
Felony reduction is not generally available if a person was sentenced to prison or had probation revoked. Stay tuned for changes in the law regarding that restriction.
Can My Arrest Record Be Expunged?
If there is a record of an arrest but charges were not filed in court, the record of the arrest may be set aside after a one year waiting period. Set Aside after dismissal is available for any level of charge that was dismissed. If charges were brought, but the case was dismissed, or the trial ended in an acquittal, one may apply to set aside the record of the proceedings immediately following the dismissal or acquittal. To be eligible, there is can have been no other arrest in the three years preceding the filing of the set aside motion.
If you are interested in finding out if Lohrke Law is able to help you, contact us today.