Expungements - Choose Your Own Adventure
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This wikilog article is a draft, it was not published yet.
by: Abassos • October 27, 2011 • no comments
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| + | This series of web pages will take you through the entire analysis for expungement eligibility in Oregon. It's the analysis I go through in every one of the thousands of these things I've done. So lets just get started and see if you or your client are eligible: | ||
'''Step 1. Are there any pending charges in any state?''' You know, like that criminal mischief from Vegas in '94 that the cops don't even know about when they stop you for some stupid shit. Unfortunately, it counts. | '''Step 1. Are there any pending charges in any state?''' You know, like that criminal mischief from Vegas in '94 that the cops don't even know about when they stop you for some stupid shit. Unfortunately, it counts. | ||
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# Three year waiting period | # Three year waiting period | ||
# No other convictions in the last ten years (including non-traffic violations) | # No other convictions in the last ten years (including non-traffic violations) | ||
| − | # No A or B felonies (except DCS/PCS marijuana) (and except [ | + | # No A or B felonies (except DCS/PCS marijuana) (and except [http://mpdtrainer.wordpress.com/court-of-appeals-update-bank/expungements-your-b-felony-and-you/ the new B felony provision] ) |
# No registerable sex offenses | # No registerable sex offenses | ||
# No Endangering the Welfare of a Minor I or Crim Mistreatment I (if child abuse) | # No Endangering the Welfare of a Minor I or Crim Mistreatment I (if child abuse) | ||
Revision as of 23:11, January 22, 2013
This series of web pages will take you through the entire analysis for expungement eligibility in Oregon. It's the analysis I go through in every one of the thousands of these things I've done. So lets just get started and see if you or your client are eligible:
Step 1. Are there any pending charges in any state? You know, like that criminal mischief from Vegas in '94 that the cops don't even know about when they stop you for some stupid shit. Unfortunately, it counts.
- [/Expungement:_Unfortunately,_You're_Not_Eligible Yes. There's a pending charge]. (unfortunately you're not eligible)
- [/Expungements:_Step_2 No. Ain't nothin nowhere.] (go to Step 2)
Expungement Rules (for those who want to skip the adventure)
For convictions:
- Three year waiting period
- No other convictions in the last ten years (including non-traffic violations)
- No A or B felonies (except DCS/PCS marijuana) (and except the new B felony provision )
- No registerable sex offenses
- No Endangering the Welfare of a Minor I or Crim Mistreatment I (if child abuse)
- No Traffic Code offenses
- No eligibility if there is a pending charge
- Even if you're otherwise eligible, the judge can reject based on your behavior since conviction
For Arrests and Dismissed Charges:
- No other arrests in the last three years (unless expunged)
- No convictions in the last ten years
- No waiting period if dismissed charge. One year waiting period for uncharged incidents.
- No DUII diversion dismissals
- No pending charges
