1. Set Aside (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…

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Many individuals who have been convicted of a felony crime in Oregon no longer have the right to possess a firearm. Often, the conviction was many years ago, yet its effects continue. Luckily, many of these individuals may be able to get their firearm rights restored through the firearm rights restoration process in Oregon —…

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Felony reduction is the process of turning what was once a felony conviction into a misdemeanor conviction. It is a legal process that can be applied to many Class C felonies under Oregon law. It can happen even years after the initial conviction. Felony reduction is most useful for convictions that cannot be set aside…

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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…

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There are instances of successful set asides being overturned by the Court of Appeals. However, it is less common than it once appears to have been. The set aside statute, ORS 137.225 is one of the most convoluted and hard to interpret laws in Oregon. Its language understandably took some fine-tuning in the courts. Today,…

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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…

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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…

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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…

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Crimes and offenses that appear in the Oregon traffic code cannot be set aside. Driving Under the Influence of Intoxicants, Reckless Driving, Failure to Perform the Duties of a Driver, and Eluding by Vehicle are examples of traffic offenses that cannot be set aside. Interestingly, Possession of a Stolen Vehicle appears in the vehicle code…

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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…

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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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Oregon has a strong legislative and caselaw history that favors granting expungement or set aside motions for eligible convictions.  Judicial discretion is limited.  Importantly, a judge cannot consider the nature or seriousness of the conviction that is being set aside.  Judges determine only whether or not the conviction is eligible to be set aside and…

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 Juvenile records are not expunged automatically. One of the tragedies of the juvenile delinquency system in Oregon is that expungement is very permissive, but not automatic. Juvenile delinquency records are not truly confidential and are used against you in future adult court proceedings.  Unfortunately, people often believe their juvenile delinquency records cannot be used against…

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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 your time and money to apply for a set aside if…

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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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Man with Long Criminal History

In Oregon, there is no limit on the number of set asides you can do, so long as each case is eligible. We have set aside a dozen or more convictions for people. Criminal charges and convictions can mount quickly once a person is in the system and known to law enforcement. However, once ten…

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It takes four to six months after the paperwork is filed to set aside or expunge most convictions in Oregon. Some counties are faster than others. Once the court paperwork is filed, it triggers a process to make sure the applicant is eligible for the expungements requested. The majority of the time is spent waiting…

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At a minimum, an expungement or set aside motion requires a $281 court filing fee as well as an $80 background check fee for the Oregon State Police.  Additional costs include $15 to $20 for a fingerprint card. (Pricing current in 2019) If an attorney handles your case, attorney fees will also be required. Lohrke…

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