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Adult Crimes 

Step 1: Is your crime eligible to be set aside?

There are many Oregon crimes that are eligible to be Set Aside or sealed.  Almost all Misdemeanors and Class C Felonies are eligible for this process.  All Possession of a Controlled Substance convictions.  After legalization, almost all Marijuana crimes are eligible to be Set Aside regardless of their classification in the criminal justice system.  If you have a crime that qualifies under this list you may qualify for a Set Aside of your old conviction.  

Crimes that are statutorily not eligible include; 

• Criminal Mistreatment (if constituting elder abuse)

• Endangering the Welfare of a Minor (if constituting child abuse)

• Criminally Negligent Homicide

• Assault in the Third Degree (if the victim was under 10 years of age)

• A Sex Crime (unless you have been granted relief from the registry requirement)

• Traffic Crimes (DUIIs, Eluding in a Vehicle, and Reckless Driving)

 

A Class B felony may also qualify for a Set Aside.  This is the rarest of rare as far as eligibility is concerned.  An individual who falls under this criteria is so rare, that we call this type of crime and eligible person a 'unicorn'!  If you think you may qualify with this rare exception to the law, let us know.  It's always great to find a unicorn!

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By contacting the lawyers at Atlas Law Group, we will assist in determining if the crime that you were convicted qualifies for a Set Aside.  Our lawyers have set aside hundreds of crimes successfully.

 

Step 2: Has enough time passed?

Enough time has to have passed from the conviction to the date you are requesting the crime to be set aside. This question starts the more complex portion of a Set Aside. 

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If you only have one conviction on your record you have to wait three (3) years from the date of conviction.   That's it!  One conviction; wait three years, and you are eligible for a Set Aside by our team.  

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If you have more than one conviction within the last ten (10) years, than you have to wait ten years from your last conviction to set everything aside.  If you have one crime within that ten (10) year time-frame and the rest are outside, you may be able to set the most recent crime if it is more than three (3) years old.  

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Traffic violations do not count toward these time calculations.  You are also allowed to have one (1) non-traffic violation (MIP, possession of marijuana, etc). 

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If you fall into the 'unicorn' category (see above) and have one, eligible Class B Felony you have to wait twenty (20) years from the date of conviction to set it aside.  

 

If you were unsuccessful on your probation and 'revoked' from your probation than the clock starts over.  If probation is unsuccessful than the application requires a wait for ten (10) years from the date of that revocation.  

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The time calculations are complex and there are many, many variables.  It is best to have a free consultation with an experiences expungement attorney to discuss the eligibility of your crime and how we can assist you.

 

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Other Considerations

To set aside a crime you have to have completed probation successfully including;

• Paid back all the fines and fees

• This includes any fines and fees on other cases you may have, including traffic violations

• Completed your community service

• Completed the treatment courses necessary on your case

• Waited enough time to be off probation 

• Did not violate the law during your probation 

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​​The lawyers at Atlas Law Group will assist in answering all of your questions and assisting with a Motion to Set Aside you old conviction.  Do not hesitate to contact our office to discuss your options on sealing old crimes. 

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