Can I get an expungement on misdemeanors from 5 years ago?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I get an expungement on misdemeanors from 5 years ago?

I have 2misdemeanors for the same incident (DV IV and Harassment) in OR. I visited my school legal assistance department and they said that if my record is squeaky clean in a 10 year period then I can have my record expunged after 3 years. Unfortunately, I got a littering ticket but nothing else, about 2 years afterwards. They said that I would have to wait for the whole 10 years now to have them expunged. Is this accurate? Is there no other way around this or any budging on this law, maybe taking into consideration my educational accomplishments and volunteer work over the years?

Asked on October 16, 2010 under Criminal Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You should get a second opinion from another criminal defense attorney in your area.  The statute in Oregon that applies to adult convictions is as follows: O.S. §137.225.  There are many "ands" in the statute: at least 3 years has passed AND, etc.  The "AND" that the school legal assistance department was talking about is as follows:

"4. You have no other convictions (except traffic convictions) within the ten-year period preceding the filing of this motion. Convictions which have previously been set aside or convictions for conduct associated with the conviction you are now seeking to set aside are counted, if they occurred within the ten year period;and..."  

You need to confirm that a littering ticket is a conviction under the law.  Seems a bit ridiculous but crazier things have been known to happen.  Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption