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How might an objection impact a petition for expungement?

On Behalf of | Dec 20, 2023 | Criminal Defense |

People in Oregon who have been convicted of a crime will face consequences for that including the possibility of jail time, fines and a criminal record. Once they have served their sentence, they can face additional challenges trying to reintegrate into society with the negative connotations that accompany a criminal past.

For many, an expungement – also referred to as a “set aside” – can be helpful. However, a common sticking point is if there is an objection. When trying to receive an expungement, it is important to know about objections and how to address them to achieve the desired goal of having the records sealed.

Understanding objections to motions for expungement

When there is an objection to the motion for an expungement, there will be a hearing. During the hearing, the court will listen to arguments for and against granting the motion. Victims will be given the right to make a statement. The court will assess the case and decide whether to allow the records to be expunged.

Key factors that will be assessed include the crime itself, when it occurred, the circumstances under which it was committed, if the person has shown positive behavior since the conviction and that they are not a threat to the safety of the public. The court is limited to considering only criminal behavior and not regulatory or administrative violations. For example, a motor vehicle violation post-conviction will not mean the expungement will be denied.

Although people who have completed their sentence and fulfilled their debt to society should be treated just like anyone else, there might still be a stigma attached to them because of their past conviction. An expungement can clear the path for jobs, education and other goals free from being viewed negatively over criminal issues.

An expungement can be helpful with a person’s future

Expungements can be essential for a person to restart their life after being convicted of a crime, but it is not guaranteed simply by asking for it. If there is an objection, the person will still have the chance to receive an expungement if they adhere to the law and show they are no longer a risk. Knowing the process from the start is imperative. It is wise to be fully prepared to take advantage of the opportunity for a clean state and a new start.