Oregon Order Setting Aside Conviction is a court order that allows a person to set aside or "vacate" a criminal conviction from their record. This is done by reversing the verdict or judgment, and by dismissing the charges. This can be done after the person has fully served their sentence, or in some cases, before the sentence is complete. This can be used to help restore an individual's civil rights, such as the right to vote or the right to serve on a jury. There are two types of Oregon Order Setting Aside Conviction: a Judicial Order and a Governor's Executive Clemency. A Judicial Order can be granted by a judge at any time after the conviction and sentence is complete. This is a court process that is initiated by a defendant or their attorney. A Governor's Executive Clemency is a pardon granted by the Governor and is based on an individual's good conduct after the conviction. It is also used to restore an individual's civil rights.
Oregon Order Setting Aside Conviction
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FAQ
A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.
In order to expunge a conviction, dismissed charge, or record of arrest, you (or your lawyer) must file a ?Motion to Set Aside? with the court where the original incident (the conviction, charge, or arrest) happened. The court must grant the motion for an expungement to take place.
Oregon Expungement law is in for big changes. Senate Bill 397 takes effect January 1, 2022. It reduces most set aside timelines and has a profound effect on non-person Class B felonies. Expungement of eligible Class B felony convictions is now possible after seven years.
A motion to set aside (expunction) is a legal proceeding for sealing a record of a criminal arrest and conviction. After a motion is granted, all official records of the arrest and conviction are sealed. In the eyes of the law, the arrest or conviction did not occur and the record does not exist.
How Long Does it take to Set Aside or Expunge a Conviction in Oregon? It takes four to six months after the paperwork is filed to set aside or expunge most convictions in Oregon. Some counties are faster than others.
aside is sometimes called expungement or expunction. It means that the court record of a criminal or contempt case is sealed by the court and will not appear in official court records.
Class B Felonies - Person Felonies The Oregon Criminal Justice Commission classifies a large number of felonies under Oregon law as "person" felonies, which cannot be expunged.