You were charged with a crime or perhaps even convicted. You have served your sentence, or the charges were dropped, but your criminal record can continue to haunt you, especially if a landlord, employer or school performs a criminal background check on you.
You should not be denied housing, a job or other opportunities simply because you have a criminal record. Oregon recognizes the hardships a criminal record presents and offers the opportunity to have certain charges and crimes wiped from your criminal record.
What is a set aside?
Certain crimes on your record can be “set aside” under Oregon Revised Statutes 137.225. A charge or conviction on your criminal record that is set aside can no longer be seen in a criminal background check, except by police.
What crimes can be set aside?
Crimes that can be set aside include misdemeanors and certain felonies. Sex crimes, child abuse crimes and traffic tickets cannot be set aside.
A DUII can only be set aside in certain situation. One is if a case was never filed. Another is if the charges were dismissed without requiring that you complete a diversion program. Finally, DUII charges can be set aside if you were acquitted.
Waiting periods for a set aside
You do not have to wait to pursue a set aside in limited circumstances. One is if you were acquitted. Another is if the District Attorney decided not to charge your case. A third is if your case was dismissed.
There are waiting periods under other circumstances. You must wait 12 months to pursue a set aside if the District Attorney decided not to charge your case due to an ongoing investigation.
You cannot seek a set aside for three years if you were convicted of the charges against you and you have served all terms of your sentence and have not been arrested again in the three years following the completion of your sentence.
You cannot seek a set aside if you already had a previous conviction set aside in the past 10 years.
Set asides offer a second chance
You should not be continuously punished for criminal charges that were ultimately dropped or for which you have dutifully served your entire sentence. A set aside can help clear your criminal record making it easier to live your life the way you see fit.