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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I want to see if its possible to have my felony charge expunged

Customer Question

i want to see if its possible to have my felony charge expunged from my record or not. the court clerk said that i would have to talk to an attorney about it because of class of my felony. it was for delivery of meth in linn county oregon. happened in jan or feb 2006 then pled no contest to it in nov. 2006
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
Oregon will allow a petition for expungment of certain records. For convictions of this sort, however, she needs to apply for a Governor's Clemency/Pardon
You can use the link below to contact the Governor's office for that application
http://www.oregon.gov/gov/Pages/request-assistance.aspx
Once a Pardon is granted, that will make her Eligible to Petition the court of conviction for an expungment. The two are separate processes. Getting the Pardon does not mean she will be granted the expungment, but it is the only way she would be Eligible to petition the court.
So it is first steps first. And so it begins with an application for the Pardon.
Please note that I can only provide you information on questions you ask. If you have other questions or need clarification in this regard, please let me know.
Otherwise, I would appreciate a positive rating as that is how I get credit for my time in providing you true and correct information
Thank you
Customer: replied 1 year ago.
so it doesnt matter that my felony is a class B? thats what lady aty courthouse said anyway.
Expert:  Samuel II replied 1 year ago.
HelloThat is correct. You CANNOT expunge a conviction for most Class A and Class B felonies involving drugs. Unless the conviction is more than 20 years old.You can move to expunge the arrest for most crimes - even Class A or B felonies and sex crimes - IF your case is no-complainted - meaning no charges came from the arrest; dismissed after being charged; or if you're found not guilty at trial
Expert:  Samuel II replied 1 year ago.
And so, that is why a Pardon/Clemency would be necessary. The Pardon in essence says there was never a conviction. And that makes you eligible to then Petition the court for an expungmentI apologize for the delay in this response.

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