How Many Felonies Can be Reduced to Misdemeanors
Table of Contents What Is Felony Reduction?When Should Felony Reduction Be Used?Which Felonies Can Be Reduced to Misdemeanors?What Happens During a Felony Reduction Proceeding?Let Lohrke Law Determine If You Are Eligible For Felony Reduction What Is Felony Reduction? Felony reduction refers to the process of turning what was a felony conviction into a misdemeanor conviction.…Read More
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…Read More
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…Read More
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…Read More
How do I Answer Background Check Questions after a Set Aside or Expungement?
When an Oregon conviction is set aside, it gives the person 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…Read More
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…Read More
Can I Set Aside or Expunge a Conviction if My Probation was Revoked?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…Read More
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…Read More
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…Read More
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…Read More
Will Setting Aside or Expunging a Conviction Allow Me to Pass a Background Check?
After a successful set aside, the conviction is removed from official records and should not show up in a background check. Oregon law allows you to deny the conviction ever occurred, because under the law it is deemed not to have occurred. While official records can be cleaned up, non-governmental holders of criminal histories, do…Read More
Five Things to Know About Rights Restoration in Oregon
1. Expungement clears criminal records Expungement in Oregon is a complete restoration of your rights. Records of the arrest and conviction, including police records, are destroyed and you are allowed to deny the arrest and conviction ever occurred. Only in very limited circumstances can a court reopen a sealed file. If all of your…Read More
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…Read More