I have been off probation for over a year and a half. My conviction was a class A misdemeanor violation of a stalking order. I completed everything the court required of me and paid all my fines and requisite fees. I finally filed a motion for expungement in Dec. 2011. The DA's office objected, of course, and a hearing was scheduled for March 27, 2012. I appeared at the hearing very well-prepared (I did my homework), yet the first thing the Judge said to me was, "I know you don't know anything about the law." ORS 137.225
I responded that I was very familiar with it. The "victim" of my original violation was not in the court, though she had been accorded every opportunity to do so. She chose NOT to be there. The judge delayed the hearing until April 20, 2012 so she could be there.
Oregon's expungement law is sometimes difficult for even attorneys and judges to understand. You would benefit from consulting with an attorney to make sure you meet the qualifications set forth in ORS 137.225, and that your motion is presented in the correct manner. Based on the information in your post, it is impossible to state whether you qualify for expungement.
We help clients with expungement motions all the time. Please feel free to contact our office if you desire a free and confidential consultation.
You are not eligible for expungement until three years has elapsed from the date of conviction if you were convicted of only one charge. If more than one charge, ten years must pass.
Since you did not state the date of conviction I cannot tell whether or not you are eligible.
You probably do need an attorney to represent you but if you want to do it yourself and the judge rules against you, find out why and what the DA's arguments are. That will help the attorney you eventually hire.
The simple answer is that you can appeal practically any adverse decision. However, if you have not met the requirements of the statute for expungement there would be no point in appealing.
You should consult with local counsel to maximize your chances of complying with the law before the next hearing.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.
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