Good evening, thank you for your question.
Sentencing depends on a lot of factors, so it won't be the same from person to person. In addition, Oregon follows "sentencing guidelines" when determining an individuals potential sentence
. Factors considered include the nature of the crime, if there were victims injured, and the individual's past criminal
behavior. Each defendant is given a "score" that determines their possible sentence. Obviously, the more serious the crime, and the worse the person's record, the higher the score, and the stiffer the punishment. For a first offense crime, it's possible your son, if convicted, receive probation, and not any jail time. In addition, the judge has the freedom to deviate from the guidelines to consider factors such as how remorseful the individual is, factors that may have played into the crime (such as drug abuse) and what steps a person has taken since their arrest (going to meetings is excellent because it shows the court
that your son recognizes he has a problem and is taking responsibility). Furthermore, it is possible that his attorney may negotiate a plea to reduce his charges. The sentencing guidelines are far too complex to try and explain here (they are very lengthy to read and understand) but it is something your son should ask his lawyer about.
With respect to expungement
of a record, he is eligible to have the record expunged. If the case is dismissed or he is acquitted, he can immediately file for expungement of the charges. If he is convicted, he must wait 3 years from the date of sentencing before petitioning the court for an expungement of the record.
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