Can I Set Aside or Expunge a Conviction if My Probation was Revoked?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…

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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…

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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…

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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 has 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…

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Can Arrests that Do Not Result in a Conviction Be Used Against Me?

When someone is arrested but not convicted, the relief they feel can be overwhelming. It is unfortunate that most background checks fail to differentiate between an arrest and a conviction. While arrest records cannot technically be used against someone, they are generally considered public information.  Unless they are expunged, arrests are likely to appear on…

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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…

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Why do I need to Provide a Fingerprint Card with my Motion to Set Aside?

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…

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