A Strong Defense Is Based On Knowledge And Experience

When can a conviction be set aside in Oregon?

On Behalf of | Dec 6, 2021 | Criminal Defense |

People who are arrested in Oregon will generally understand the importance of a strong criminal defense. This is not limited to the case while it is in progress. Those who were already convicted have legal options they might want to consider. One is trying to have the conviction set aside. This is also referred to as an expungement. Knowing who is eligible and the fundamental criteria is necessary from the start.

The basics that must be in place to have a conviction set aside

Before even assessing the case itself and the crime for which the person was convicted, there are basics that must be in place. The date of conviction must have been a minimum of three years earlier. The person must have been in full compliance with all aspects of the sentence including restitution and financial obligations. There can be no other pending criminal charges. Apart from minor traffic infractions, the convicted person cannot have had any other conviction within 10 years before filing. Even if there was a conviction in the past 10 years that was set aside, this will be counted when the new request for a set aside is made. It cannot be for a state or municipal traffic offense.

What types of convictions can be set aside?

Only certain types of convictions are eligible for a set aside. A Class C felony can be set aside. That includes third-degree assault; first-degree theft; a third-offense DUI; and a hit and run with injury. If a crime was categorized as a felony or misdemeanor at the time of the sentence – independent of what the sentence was – it can be set aside. Those convicted of possession of marijuana as a Class B felony or less can be set aside. Misdemeanors can be set aside unless it is a sex crime or some forms of child abuse. Non-traffic infractions can be set aside. Finally, if the offense was committed prior to 1979, it can generally be set aside apart from the above exceptions for sex crimes and child abuse.

Having assistance to set aside a conviction is key

Those seeking expungement for criminal law convictions should bear in mind that this is different from having an arrest record expunged. Since a criminal record can negatively impact a person’s entire life when they try to get a job, be admitted to a school, enter the military or achieve a variety of goals, it can be helpful to clear that record. For any part of a case whether it is after the arrest, during the trial, negotiating a plea agreement or trying to have the conviction set aside, it is useful to have professional help.