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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 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 buy…

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  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.…

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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,…

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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…

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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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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, we should act quickly when working toward…

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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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As per the Oregon Court of Appeals, there is no limit whatsoever on the number of expungements a person may apply for, and no limit to the number of times a person can request the same expungement. Each time a request for expungement or a motion to set aside an arrest or conviction is submitted…

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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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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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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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