If the prosecuting attorney doesn't object to the motion to set aside conviction will there be a hearing?

Criminal Defense 4 views 4 answers
It is an eligible offense under ors 137.225 No "behavior contrary to public law" since the conviction 5 years ago. I am now off probation of any kind. If the prosecuting attorney objects will I have to appear at the hearing? If the prosecutor doesn't object will the motion just go through without a hearing?

Attorney Answers

4
Robert Degroot ·
Did you file a motion yourself? If that is the case, it is time for you to at least speak with a few attorneys locally.
0 upvotes
Kenneth E Kahn IIDUI / DWI AttorneyPortland, OR ·
Assuming you have properly filed your motion, affidavit and order and your are properly eligible for expungement-- if the DA does not object, there will be no hearing and your expungement should be granted.
0 upvotes
Sandi PellikaanExpungement AttorneyPortland, OR ·
In Portland if the DA does not object (they will send you a notice and proposed order) then there will not be a hearing. If the Da objects to your motion they will send you a letter outlining their objection; then it is up to you to either withdraw your motion, contact the DA's office within 30 days to request a hearing, or do nothing (in which case your motion will be denied).
0 upvotes

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