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A person has a felony in Oregon for robbing an armored vehicle, can this felony be removed from their record? Can it be reduced to a misdemeanor?
Asked on June 15, 2009 under Criminal Law, Oregon
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Generally, in order to qualify for expungement, a conviction must be a class "C" felony, misdemeanor, or a violation. Certain offenses are not eligible for expungement, such as sex crimes, and traffic offenses. Other restrictions:
- There must not be any other criminal conviction on your record for the 10 years preceding expungement. Oddly enough, this rule makes it so that a person can sometimes expunge more recent convictions sooner than older ones.
- You must not be facing current criminal charges.
- You must have fulfilled the requirements of your sentence as ordered by the court.
- You must wait at least 3 years after the date of conviction. There is no waiting period required to expunge an arrest for a dismissed/acquitted case or one resulting in a not guilty verdict, as long as the other requirements are satisfied.
You didn't state how this offense was charged, ie what class of felony. As for getting the charge reduced it's doubtful, however, a provision for this may exist under Oregon law of which I am unaware. Frankly, Oregon's expungement process is quite liberal, most states won't expunge any criminal conviction let alone a felony conviction, so I suppose that a reduction of the charge is possible. Your best bet is to consult with an attorney in your area on this.
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