Expungement and Rights Restoration Blog | Lohrke Law

Changes to Oregon Expungement Law Eligibility

Oregon Expungement law is in for big changes. Senate Bill 397 takes effect January 1, 2022. It reduces most set aside timelines and has a profound effect on non-person Class B felonies. Expungement of eligible Class B felony convictions is now possible after seven years. Cost Reduction of at least $281 per case by…

The Ultimate Guide to Owning a Firearm in Oregon

Both the U.S. Constitution and the Constitution of Oregon promise citizens the right to bear arms. But like all of the rights in our democracy, there are exceptions designed to protect everyone’s safety and peace. Americans are also entitled to free speech, but it’s still illegal to shout “Fire!” in a crowded movie theater.…

Five Things to Know About Rights Restoration in Oregon

1. Set Aside (Expungement) Clears Criminal Records When a criminal arrest or conviction is expunged, all official records of the incident, including police records are sealed, and you can legally deny the arrest or conviction over occurred. In extremely limited circumstances, a judge can opt to reopen an expunged record, but this is an extremely…

How Do Background Checks Work in Oregon?

From renting an apartment to securing employment, background checks are a part of everyday life. However, if you have a negative mark on your background, you could have trouble even meeting the most basic needs. If you have wondered how a modern background check works in the state of Oregon and what you can do…

How to Get Your Driver’s License Reinstated in Oregon after a Lifetime Revocation

In the state of Oregon, certain criminal convictions can lead to the permanent revocation of your driver’s license. For example, a third DUII conviction or felony DUII are are the most common reasons for a permanent, or lifetime, revocation. When your driving privileges are revoked, it has an impact on your day-to-day activities, such as…

Relief from Juvenile Sex Offender Registration

Juveniles who are adjudicated for sex offenses in the state of Oregon are minors under the age of 18 that have committed a sexual offense, usually against another minor. Before August 2015, many juveniles adjudicated for sex offenses were placed on the sex offender registry for life. Juveniles are still being placed on the sex…

Expungement Court Hearings

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…

Expunging or Setting Aside Convictions in Oregon: Everything You Need to Know

Why Petition to Expunge or Set Aside? They say a bird in the hand is worth two in the bush, and this is never truer than when taking steps to have your rights restored. Pursuing a felony expungement should be undertaken as soon as possible because laws and circumstances can change without notice. Simply put,…

How to Get Your Felony Expunged For Free in Oregon

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…

Buying a Gun with a Criminal Record in Oregon

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…

Restoring Firearm Rights Despite a Felony Conviction

One of the consequences of a felony conviction in Oregon is revocation of the right to possess a firearm through the second amendment of the United States Constitution. Even if the conviction was many years ago and an isolated event, the loss of the right to purchase and own a gun continues in perpetuity. Thankfully,…

How Many Felonies Can be Reduced to Misdemeanors

What Is Felony Reduction? Felony reduction refers to the process of turning what was a felony conviction into a misdemeanor conviction. This legal process can be applied to most lower level or Class C felonies and some Class B felonies under Oregon law. Felonies can be eligible for felony reduction even years after the initial…

Over-Prosecution Costs Billions in Lost Productivity

Anybody with a felony record knows very well the challenges of finding decent employment and housing. The clear result of felony prosecutions is that good potential workers are kept out of the productive labor force. A report from the Center for Economic and Policy Research states that this under-employment actually reduces the productivity of the…

Rights Restoration Options Besides Expungement or Set Aside?

We think of Rights Restoration as a hierarchy. At the top is expungement or set aside, which makes the conviction disappear. You can’t get better than that. If you cannot expunge or set aside, the next best thing is to turn a felony into a misdemeanor. This is done through a law that allows a…

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…

How do I Answer Background Check Questions after a Set Aside or Expungement?

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…

Can I Restore my Rights if I have a Felony Vehicle Conviction?

Convictions for felony vehicle crimes cannot be set aside, but they can be reduced to misdemeanors. Oregon Revised Statute 161.705 allows a Class C Felony to be reduced to a Class A Misdemeanor. Felony reduction to misdemeanor applies to convictions for criminal as well as vehicle crimes. Once a felony conviction is properly reduced to…

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…

Is a Juvenile Delinquency Record Automatically Expunged?

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…

Can my Driver’s License be Restored after a Lifetime Revocation?

In Oregon, a person’s driving privileges are revoked for life after a third Driving Under the Influence of Intoxicants (DUII) conviction. However, ten years after the revocation, Oregon Law ORS 809.235 provides that a person whose driving privileges were revoked for life can ask a judge that they be restored. In order to restore driving…

Do Municipal Court Arrests and Convictions show up on my Criminal Record?

Because of global accessibility to digitized information and record keeping, data sharing across local, state and federal governmental agencies have become the norm. The result has been clients who have had municipal court convictions from the 80s, 70s or even 60s pop up on a background check, preventing them from getting an apartment, being hired…