Oregon Order Setting Aside Conviction is a legal process that allows individuals, who have been convicted in Oregon, to have their record expunged. This process is also known as expungement, which means that the guilty verdict or plea is removed from the person’s criminal record. There are two types of Oregon Order Setting Aside Conviction: General Order Setting Aside Conviction and Limited Order Setting Aside Conviction. A General Order Setting Aside Conviction allows a person’s criminal record to be completely expunged, meaning the conviction will no longer be visible on background checks. This type of order is available to individuals who have no prior convictions. A Limited Order Setting Aside Conviction allows a person to have their criminal record partially expunged. This type of order is available to individuals who have prior convictions, but are seeking to have certain convictions set aside in order to gain employment, housing, or other benefits. In order to qualify for Oregon Order Setting Aside Conviction, individuals must meet certain criteria. These criteria include completing all terms of the sentence, not having any pending criminal charges, and not having any convictions in the past 5-10 years. Additionally, individuals must demonstrate that they have been rehabilitated and will not pose a risk to public safety.
Oregon Order Setting Aside Conviction
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FAQ
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.
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.
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.
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 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.
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.