Setting convictions aside for a fresh start
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Setting convictions aside for a fresh start

| May 1, 2020 | Firm News |

If you have a conviction on your record, you may have difficulty finding a job, qualifying for a loan and getting a lease or mortgage in Oregon. Even if you have completed all requirements of probation, your history may continue haunting you, preventing you from living your best life. We often help clients clear their records to move forward with fewer restrictions.

The Oregon State Bar states that you may have convictions set aside for a variety of offenses.

Requirements

Depending on the specifics of your case, there are some misdemeanors, felonies treated as misdemeanors and Class C felonies that have a three-year wait period. General requirements include the following:

  • Your probation is complete
  • You met all requirements imposed by the court
  • You have not had another conviction set aside in the last ten years
  • You have no non-traffic convictions in the last decade

You must also be free of current litigation as well as allegations of abuse and dangerous behavior. Many qualifications are the same for juvenile records, but there are a few crucial differences. The most important is that the waiting period is five years instead of three.

Applications

You must file a motion if you wish the expunction of your juvenile record with the juvenile court. The court will do so if it finds that it is in the best interest of you and the public. When considering applying for expunction, keep in mind that some offenses cannot be set aside, such as fish and game, traffic and boating offenses.

Submit the application to the court in which your proceedings took place, regardless of whether as a juvenile or an adult. The court guidelines and processes for expunging your criminal records are complex. However, when successful, you can get a new start in life.