Are you looking for answers to your questions about reducing a felony to a misdemeanor in Oregon? RecordGone.com is here to help. Our attorneys have answered the most commonly asked questions. Let us reduce your felony record for you with our Oregon felony reduction service. Are you unsure if your criminal record is eligible for reduction? Take our free online test to find out!
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The court will consider the nature and circumstances of the crime and your history and character to determine whether felony treatment is too harsh. ORS 161.705
Under Oregon law, you can reduce a felony conviction regardless of what you pled as long as you otherwise meet the requirements. ORS 161.705.
We can help you obtain a copy of all the relevant documents and review your case(s) to determine which services you may be eligible for under Oregon state law. For this research, we charge a fee, which we apply to the cost of any additional service you move forward with at the conclusion of the research phase of the process.
A conviction may only be expunged after three years have elapsed from the date of the judgment. If you file to have your conviction reduced after the three years have elapsed, then you can file for expungement at the same time. ORS 137.225.
If you meet the eligibility requirements, you may have your felony conviction reduced regardless of whether you were sentenced to state prison, county jail, or probation. ORS 161.705, ORS § 161.585
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe that felony treatment is too harsh given the circumstances of your case. ORS 161.705
No, if the court requires a hearing for your Oregon reduction, we will go to court for you. If the court does specifically request your appearance and you are unable to attend, we will file a motion to excuse your appearance.
The average Oregon reduction case takes approximately four to six months; however each case is different and the time frames can vary from county to county.
The courts handle cases in the order they are filed. Therefore, the sooner you sign up, the sooner your reduction petition can be filed and decided. We can also write your employer or potential employer a letter informing them that we are in the process of reducing your felony conviction to a misdemeanor.
After your case is granted, you will receive a court order signed by the judge reducing the felony conviction. Criminal record databases will be updated to accurately reflect that your felony was reduced to a misdemeanor.
If your reduction request is not granted, then we will evaluate why it was denied and determine how to proceed going forward. The options may include refiling immediately with additional information or waiting longer before before refiling to allow more time to pass.
A reduced conviction may still be used against you for future sentencing purposes in subsequent criminal cases. OAR 213-004-0006 (3)
If your Oregon reduction is granted, you can legally state that the case is a misdemeanor case instead of a felony conviction, but you would still need to disclose the existence of the case. However, if you have the case expunged then you may treat the conviction as though your case never occurred. ORS 161.705, ORS 137.225
Your chances of obtaining employment will increase, because you will no longer have a felony on your record. OAR 407-007-0060
No. Reducing a felony to a misdemeanor in Oregon does not affect registration. ORS 181.595
Being granted a Sentri Pass is in the discretion of Border Patrol. We cannot know the effect an Oregon reduction will have, but a reduction could most certainly help.
In Oregon, you can vote as long as you are not incarcerated or on parole after serving a sentence in a federal correctional institution. ORS § 137.281, State v. Guzman, 164 Ore. App. 90 (Or. Ct. App. 1999).
Criminal cases can have severe consequences for immigrants, even if the crime is reduced or expunged. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, a case-by-case analysis tailored to your specific facts is important. Contacting a qualified immigration attorney is imperative to find out if your criminal conviction will impact your immigration case. Our in-house immigration attorney is available to answer questions at 714-617-8395.
Yes, as long as you obtain an amended judgment as part of the reduction process and are not otherwise restricted from owning a firearm. Please see our section on firearm rights restoration for other ways to restore your firearm rights. State v. Stark, 354 Ore. 1 (2013).
If you are granted the reduction but not an expungement, then your case will appear as a misdemeanor conviction on your background check. If you are granted a reduction and expungement, you will be deemed not to have been previously convicted and the court will issue an order sealing all records in the case, including the record of arrest. In this instance, your case will not show up on a background check. ORS 161.705, ORS 137.225
After the judge signs the order, the court sends the granted order to the Oregon State Police. The Oregon State Police will then update their records and the criminal record databases will be updated to reflect that your conviction was reduced to a misdemeanor. ORS 181.066 (4), ORS 181.555 (4)