Posts Tagged ‘Set Aside’
Expungement Eligibility Timeframes
How Long Do I Have to Wait to Expunge or Set Aside a Conviction in Oregon? Senate Bill 397 took effect last January 1, 2022, in which the Senate created new provisions regarding the set-aside and expungement timeframe every eligible offender must consider. In other words, the eligibility wait times for felonies and misdemeanors have…
Read MoreExpungement Court Hearings
Must I Appear Before a Judge to Set Aside a Conviction? If you or your expungement 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 for expungement or you are not. It is…
Read MoreBuying a Gun with a Criminal Record in Oregon
The right to bear arms is enshrined in the U.S. Constitution. 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. Adults in Oregon who wish to buy firearms are forbidden from doing so if they have been convicted of…
Read MoreHow 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Read MoreCan I Set Aside or Expunge a Conviction if My Probation was Revoked?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 MoreWill 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 MoreFive 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 MoreWhy 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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