Doing a motion to set aside a conviction or arrest (ORS 137.225), more commonly called an “expungement,” can range from a very simple task to an extremely complex issue. While someone can do this themselves, we almost always recommend hiring an expungement attorney to do this for you.
Some examples of what can be expunged are:
- Most Class C Felonies
- Most Misdemeanors
- Most arrests once the charge is dismissed (except dismissal from DUI Diversion under ORS 137.225 (8)(b))
- Traffic crime convictions and traffic violations cannot be expunged
Reinstatement of Driving Privileges
In Oregon, the most common reason for a revocation of driving privileges is a 3rd conviction for a DUI. When a license is revoked, in this circumstance, it is revoked for life.
Under ORS 809.235(2)(a) a person may petition the court to reinstate their driving privileges. You may be eligible to have your license reinstated if you can show the court the following:
- It has been 10 years since you were released, sentenced, or probation was revoked;
- In the last 10 years you do not have any other criminal convictions involving a motor vehicle. Any conviction of a crime involving a motor vehicle will “re-start” the 10-year waiting period;
- You can show the court by clear and convincing evidence that you are rehabilitated, you are not a risk to the public, and that you have completed treatment.
We have helped many people get their driving privileges restored in the Portland area. Although you technically can go about doing this yourself, it is strongly recommended that you hire an experienced DUI lawyer to help you through this process.
Felony Reduction to Misdemeanor
Often times people have a conviction on their record that is holding them back, and it is a conviction that cannot be set aside at the moment or set aside at all.
A couple common scenarios are: 1) You have one class C felony on your record and cannot get it expunged because not enough time has elapsed, or 2) the class C felony on your record is not the type that can be expunged, such as fleeing or attempting to elude.
We are here to help. For over a decade we have helped our clients get their felony convictions reduced to misdemeanor convictions by petitioning the court under ORS 161.705.
We deal with many different areas of law, including: criminal defense, DUI defense, expungements, license reinstatements, and felony reductions. Feel free to contact us via phone or email to set up a confidential consultation.
Disclaimer: Nothing on this site should be taken as legal advice. For advice on a legal matter, contact an attorney. Contact Jared Justice at 503-722-3981 or email@example.com.
Jared Justice is available to practice anywhere in the state of Oregon. He focuses on practicing in the following State Courts: Clackamas, Multnomah, Yamhill, Marion, and Washington Counties. He also practices in the following Municipal Courts: Lake Oswego, West Linn, Newberg, Canby, McMinnville, Troutdale, Oregon City, Beaverton, Milwaukie, Gladstone, and just about every other court in the Portland area.