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Lohrke Law

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 Appeals stated,

“Second or sub­se­quent mo­tions to set aside conviction are not barred on claim preclusion grounds because [the law] requires the judge to consider a new aggregate of facts every time defendant moves to set aside a conviction. State v. Stanford, 111 Or App 509, 828 P2d 559 (1992).

 

If you have been denied a set aside in the past, a free consultation with Lohrke Law will help you understand what went wrong and how to be successful with your next rights restoration application.

 

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