Our son has been charged with a class 'c' felony (coercion). He is an alcoholic and had broke his probation. He is serving his time (10 months) through a minimum security facility in Oregon state to rehabilitate him. It's called "AIP".
My question is, "Has a class 'c' felony EVER been removed from someone's record for any reason, If so, should we move forward as he will have met all his legal obligations by January 2013 ?
Family Law Attorney
Yes, convictions for Class C felonies can be set aside under ORS 37.225 . However, there are some conditions that have to be met:
1. It has to be three years from the date of the conviction (you cannot file the motion before this date);
2. All conditions of his sentence must have been full complied with (this means you can't file while he's in prison, or even while he's still on probation, and it also means he has to pay all fines and restitution first);
3. He cannot have been convicted of ANY other crime except a motor vehicle violation within the past 10 years (this includes the original conviction AND the probation violation...which means he probably can't file until some time in 2022).
Also, here's a step-by-step guide I wrote to determine whether you qualify to have your record set aside in Oregon: http://www.avvo.com/legal-guides/ugc/expungement-101-five-easy-steps-to-see-if-you-qualify
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
Most, but not all, class C felonies qualify for expungement in Oregon. Coercion generally qualifies for expungement under current law. Class C felonies that do not qualify for expungement include sex crimes and driving offenses (such as DUII, Hit & Run, and Attempt to Elude a Police Officer).
We have been successful in accomplishing expungement for clients even where there was a violation of probation. In one case, we even succeeded in accomplishing expungement for a client where probation was revoked. The violation of probation, standing alone, does not normally constitute a new criminal offense, and it does not trigger the 10 year waiting period, as someone else has erroneously stated in this forum.
The requirements for expungement include:
1. the passage of more than 3 years from the date of conviction,
2. no other convictions in the past 10 years (except for traffic infractions),
3. compliance with the requirements of the conviction and sentence,
4. no new charges pending at the time the expungement motion is filed.
Some people (even some attorneys) mistakenly believe that a person can get no more than a single expungement in a 10 year period. I have accomplished multiple expungements for clients, as long as the client otherwise qualifies.
I situations like this, it would much to your son's benefit for him to have legal representation. Prosecutors frequently oppose expungement in situations like your son's. Having an attorney on board can make the difference between success and failure.