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

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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 10 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.

 


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