Municipal Court Convictions
Municipal Courts in Oregon must allow set asides or expungements under the same laws that apply in Circuit Courts. The process and fees are generally the same as well.
Municipal Courts can be much easier to deal with than Circuit Courts, but sometimes their staff has never dealt with motions to set aside convictions or does so infrequently. We have dealt with courts that try to charge unauthorized fees or fail to send the set aside order to the proper agencies, resulting in incomplete expungement of records.
Rather than using the municipal court’s standard forms, Lohrke Law files its own forms that ensure the law is followed and the order includes every holder of records that should be destroyed. This is important because when an agency receives a set aside order, they are required to seal or destroy any evidence of the conviction. If they do not receive the order, they are not required to do anything with evidence of the conviction.
If your arrest or conviction was in a municipal court, and it is eligible, it can be set aside.
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 and cannot be set aside; but, on the other hand, a very similar crime, Unlawful Use of a Vehicle, appears in the criminal code and therefore can be set aside.
Though vehicle crimes cannot be set aside, they can be reduced to misdemeanors. For example, felony Driving While Suspended can never come off your record, but it can be reduced to a misdemeanor. Once a driving crime is reduced to a misdemeanor, you are no longer a felon.