I'm trying to become a martial arts instructor and am worried my record will disqualify me in a background check. Also, is sealed the right way to go about getting through a background check or should I be trying to get my record expunged?
Unfortunately, the DUII's cannot be expunged. Oregon's expungement law does not permit that. However, you may be able to get your PCS cases expunged, if you meet the eligibility requirements.
The general requirements for expungement (which is the same as sealing your record) is that you must wait 3 years from the date of conviction, or 10 years for multiple convictions, you must have no current pending charges, and you must have completed the conditions of probation/post-prison supervision successfully.
Call an attorney, and they can discuss with you if and when you may be eligible for expungement of the PCS cases. Good luck!See question
Good evening Lawyers, thank you for taking the time to read my query. My arrests and convictions for D.W.I were committed over a 25 year period and in none of the cases was anyone ever injured. They were all routine pull over scenarios where I ble...
The answer to your question is that you may be able to get your license back. Generally speaking, if your license is revoked "for life," that means 10 years in Oregon before you can petition to get your driving privileges back. Whether your privileges are reinstated depends on a number of factors, and it sounds like you are going in the right direction with being sober and working to help others with such. Getting your license back is purely discretionary, meaning you may, but are not entitled, to get your license back. Call an attorney and they can tell you what are the possibilities for your particular situation.See question
recently turned 18, committed the crime out of state ( actually lives in California)
You will need to speak with a California lawyer about this. In the mean time, do not post further details about this incident online, and find a good lawyer in your area. Oregon law is very different from California law in many respects, so talking to an Oregon lawyer will not help you. Good luck.See question
My work says I can only have 3 moving violations in 3 years. I work in Oregon . I have a speeding July 2013 and I have a seat belt October 2014. I just received a talking on cell phone ticket. Are the seatbelt and cell phone tickets moving viol...
The answer is yes, a cell phone ticket is considered a moving violation, but the seat belt ticket may not be considered to be. It is true that commercial drivers are not eligible for diversion classes. You should absolutely speak to an attorney about this ticket to discuss your options and what you might be able to do about this situation.See question
Please explain in plain English what an escape hatch or escape clause is on an Oregon state measure 11 crime. I understand that it reduces the mandatory minimum but is it just a reduction? Please explain
Generally speaking, the so-called "escape hatch" is a legal way to take a measure 11 case outside of measure 11 for sentencing purposes. This applies only to certain offenses listed within measure 11, and is totally up to the Judge to make required findings and impose a lesser sentence. There are a number of different factors that go into the Judge's decision. If the Judge finds substantial and compelling reasons to sentence the person outside of measure 11, then it is possible to be given a lesser (reduced) sentence.See question
These 2 probation cases happened about the same and I'm having a hard time understanding and getting answers ,I do not want to fail to appear but cannot not k ow what I'm facing,I have 2young children to think about .
From your question, it is difficult to tell exactly what you are asking about. However, if I understand you correctly, you are facing possible probation revocation based on allegations of probation violations. First of all, do not post any further details about your situation online, and you should call an attorney to speak with them in private about the specifics of your situation.
In regards to your question, revocation of probation depends on the nature of the probation violations, the number of violations, and how many prior violations you have, if any, as well as other factors. As stated, you need to call an attorney right away to discuss your options and the potential consequences of what has happened. Good luck!See question
I recently received a ticket in the mail claiming that I was going 48mph in a 35mph zone. I have never received any tickets before and only been pulled over once for a broken tail light. I am a safe driver, I have kids and do not want to put my li...
I agree that you can inquire about traffic school, which would lead to dismissal of the ticket, but I must emphasize that if this occurred in Multnomah County, which judging from your Portland location I would guess that it did, traffic school is becoming less and less available for photo tickets. However, there are legal arguments to make challenging the procedures of the officer running the photo van. If you cannot afford an attorney, at the very least, you should call an attorney to ask about how to challenge these tickets, and take a look at the law that applies to photo-radar tickets to see if there are any trial issues against the police procedures. I am providing a link to the particular legal statutes that apply to these tickets (ORS 810.439-439). Good Luck!See question
i have misdemeanor warrant in Oregon can i be arrested for it in other states for it
I agree with Ms. Hays and write to add that the best way to take care of any warrant is to voluntarily turn yourself in. Having the police come arrest you, extradite you, or hold you in a different State, gives a judge less incentive to let you out pending the resolution of your case. The best way is to take care of this yourself, voluntarily, and without having to make law enforcement come get you. Call an attorney in private and discuss your options.See question
my husband is an exfelon but has had his rights restored. people of a mutual friend said they would pay my husband 300.00$ if he could take them to calif. so my husband did they had only given him 100.00, when they got to calif,which he used for g...
First of all, you need to stop posting details of this incident online. What you post can be read by police offices, district attorneys, and judges. What your husband needs to do immediately is to speak with an attorney in private. A private consultation will give him the information he needs and the ability to be ready for what will happen next in his case. It is difficult to tell what exactly is happening in this matter, and that is why speaking with an attorney in private is the way to go here.See question
I got a speeding ticket doing 8o mph. The officer said he we pacing me. He didn't even pull me over. He went flying past me and pulled over my friend in front of me. I pulled into a near by house and parked. They gave my friend a ticket for 68 mp...
First of all, do not post any more details of this incident online. What you say can be used against you in court. To answer your question, yes, you should absolutely fight this ticket. The best way to go about this is to hire an attorney to help you, as the attorney can request discovery, including any police notes or reports, as well as any dashcam video that may exist. The attorney can also evaluate your options and what potential defenses you may have. Good luck.See question