Robert L. Sepp, Attorney at LawRobert L. Sepp, Attorney at Law2026-05-27T00:02:17Zhttps://www.rsepplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504583/2021/04/cropped-RobertLSepp-site-icon-1-32x32.pngOn Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What DUI information can Oregon drivers seal or expunge?]]>https://www.rsepplaw.com/?p=482092026-05-27T00:02:17Z2026-05-27T00:02:17Zeligible for expungement?
Arrests and dismissed charges might be eligible
The expungement process in Oregon involves a formal request for the courts to set aside a prior conviction and seal the public records of the offense. Oregon's expungement and record sealing rules effectively prohibit the feeling of DUI convictions.
Those who plead guilty or get convicted at a trial do not have the option of expunging the records of their convictions. However, those arrested but not prosecuted could expunge the record of their arrest. Those charged with a DUI could expunge that charge record if the prosecutor dismissed the case or the courts acquitted them after a criminal trial.
The records maintained about the arrest and the unsuccessful charges may be eligible for sealing, which can help people qualify for opportunities that they might not otherwise have access to after a DUI arrest. Those with DUI convictions on their records could request post-conviction relief in cases where their legal representation was ineffective or their conviction was unconstitutional.
Reviewing the charges and other details about this kind of situation with an Oregon defense attorney familiar with post-conviction relief can help people evaluate their options. While expungement of a prior DUI conviction isn't possible, record sealing could be helpful for those who want to move forward.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Where should you file for post-conviction relief in Oregon?]]>https://www.rsepplaw.com/?p=482032026-05-12T02:04:08Z2026-05-12T02:04:08ZIf you are incarcerated
Being convicted may mean that you are currently incarcerated as you are looking into your PCR options. If so, then you file the petition in the county where you are being held. Your attorney can help you file the correct paperwork with the court, and it is this county court that has jurisdiction because that is where you are located at the time.
If you are not incarcerated
Even if you were convicted, you may not currently be imprisoned. Perhaps you face other ramifications, such as probation, house arrest and fines.
If so, then you typically file your PCR petition in the county where your sentence was handed down. This is the county court in which you were initially convicted. You may have learned of your sentence at an actual sentencing hearing at a later date, but this is still the court that has jurisdiction over your case. They will review your PCR petition.
Steps beyond filing the paperwork
Simply filing your PCR petition is just one of the first steps you will need to take. It is very important to know more about PCR in Oregon and whether you qualify. It’s smart to have an experienced attorney on your side as you move through the process.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Who may be present at a post-conviction relief hearing?]]>https://www.rsepplaw.com/?p=481962026-04-29T14:36:16Z2026-04-29T14:36:16ZThe hearing is open to the public
The attorney representing the party seeking post-conviction relief must prepare to present a compelling case to a judge. Additionally, they likely need to prepare for the possibility of the victims of the initial crime either showing up to testify by providing a witness impact statement or submitting a written document to the courts regarding the lasting impact of the crime.
The hearing is open to the public. Any interested parties, including numbers of the local media, could attend to hear the claims made by the defendant seeking relief and evaluate the response of the judge.
Those previously convicted in the Oregon courts may need to prepare themselves for scrutiny at the hearing requesting post-conviction relief. They likely need the guidance and advocacy of an attorney to not only weather the stress of the process but also present a compelling case that convinces the courts to grant post-conviction relief.
Understanding the process ahead can make it easier for those who may qualify for a sentence reduction or other post-conviction relief to make use of the legal systems in place for their benefit.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Asking for post-conviction relief to reduce a criminal sentence]]>https://www.rsepplaw.com/?p=481872026-04-11T12:13:27Z2026-04-11T12:13:27ZWhen is a sentence modification possible?
There are multiple scenarios in which a defendant could be eligible for a reduced sentence when they seek post-conviction relief. In some cases, an attorney can demonstrate that the sentence imposed does not align with Oregon state statutes. An inappropriately harsh sentence can constitute a violation of a defendant’s rights and make them eligible for relief.
Other times, dissent among jury members could help strengthen a claim to review and potentially reduce the sentence imposed. New evidence, including exculpatory evidence that could change how the courts view a defendant’s conduct or personal history, could also help justify a request for a reduced sentence. Finally, proof that the defendant did not receive adequate legal counsel during a trial could make them eligible for a reduced sentence.
Post-conviction relief can diminish the lasting impacts of a recent criminal conviction. Reviewing different options with a defense attorney can help those serving an Oregon sentence request appropriate relief via proper legal procedures.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[How soon after a conviction can people request expungement?]]>https://www.rsepplaw.com/?p=481862026-03-27T14:51:08Z2026-03-27T14:51:08ZThe rules vary depending on the crime
Some people are eligible for expungement proceedings in as little as one year. Others may need to wait seven years after the completion of their sentence to be eligible to remove the record of their conviction. The type of crime largely dictates how long an individual must wait to ask the courts to expunge their record.
For those expunging Class B misdemeanors, Class C misdemeanors or violations, waiting one year after the completion of their sentence may be sufficient. For those hoping to expunge Class A misdemeanors, the waiting period increases to three years. Anyone attempting to expunge a Class C felony must wait five years before beginning the process, while Class B felonies require a seven-year waiting period.
Removing or sealing the record of a prior offense can help a person expand their opportunities and move on from a mistake made or a misunderstanding weathered years ago. Reviewing an initial criminal matter with a defense attorney can help people recognize when they may be in a strong position to seek an expungement.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Did you accept an unfair plea deal?]]>https://www.rsepplaw.com/?p=481852026-03-04T16:23:23Z2026-03-04T16:23:23ZThe goal of a plea deal is typically to offer someone reduced charges or a lighter sentence in exchange for a guilty plea.
For example, someone could be accused of assault. In a plea deal, they may be offered charges for disorderly conduct instead. If they plead guilty, the assault charges may be dropped.However, there may be situations in which you believe the plea deal you accepted was unfair. Perhaps it was misrepresented to you. The way the deal was explained may have indicated that you would receive a lesser sentence or that your charges would be reduced, so you entered a guilty plea when you otherwise would have pleaded not guilty and taken the case to trial. But at the sentencing hearing, you may have discovered that you received essentially the same sentence, leaving you feeling as though you were manipulated into accepting the plea deal.
How did the judge interpret the law?
There are many reasons why something like this could happen. For instance, the judge often still has discretion to impose the sentence, even when a certain deal has been reached with the prosecution. However, if the judge misinterpreted the law or made mistakes when applying sentencing guidelines, the sentence that was handed down may genuinely not be fair or just.In a case like that, even though you entered a guilty plea and accepted a deal, you may still want to explore your options for post-conviction relief. You deserve a fair sentence, and you do have legal rights. It can help to work with an experienced attorney to consider the next steps you should take to address the issue.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Can a criminal record keep you from getting a job?]]>https://www.rsepplaw.com/?p=481842026-02-19T11:06:49Z2026-02-19T11:06:49ZIf you have a criminal record, you may find it harder to land a job. Prospective employers may be impressed with your skills and experience. But when they run a background check, they may suddenly lose interest in hiring you and decide to go with another candidate.
In some cases, you may even think that this is a form of discrimination. Is it actually legal for employers to hold your record against you?
They can take your criminal record into account
It is not automatically discrimination if an employer refuses to hire you based on a criminal record. It only becomes discrimination if there are other factors involved.For example, if an employer was willing to hire Caucasian men who had criminal records but refused to hire African American men with the same criminal records, this could be a form of racial discrimination. The employer would be using the criminal record as an excuse, but would clearly be making the decision based on race.But as long as all things are equal in other respects, an employer can decide to go with another candidate who does not have a record.
The value of post-conviction relief
This is part of the reason that post-conviction relief options, such as having your record sealed or expunged, are so valuable. Even if your record still exists, you may be able to have it sealed so that it does not show up on a background check. This can open doors to employment that may be hard to find otherwise. Be sure you know exactly what legal steps to take while exploring these options.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[When is juvenile expungement automatic in Oregon?]]>https://www.rsepplaw.com/?p=481822026-02-10T11:13:38Z2026-02-10T11:13:38ZWhen the issue never led to prosecution
In some cases, complaints against juvenile defendants never actually result in charges or a conviction. Police officers could take the young adult into state custody, but the eventual determination may be that the incident is not within the jurisdiction of the courts. If there is no adjudication, then automatic expungement can occur when the teen arrested turns 18.
When the offense was a misdemeanor
Expanded expungement laws now allow for the automatic sealing of certain misdemeanor juvenile convictions. Young adults accused of minor crimes, such as a single shoplifting incident, are theoretically eligible for automatic sealing when the convicted juvenile becomes an adult, provided that they meet certain requirements. Automatic sealing may also be available in cases where the courts received a petition but dismissed the case.
Young adults hoping to move on from mistakes or misunderstandings that had criminal implications may need assistance if a formal petition for expungement is necessary due to the allegations previously brought against them. Working with a criminal defense attorney can help juvenile defendants and their parents navigate the often confusing expungement process.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Post-conviction relief could lead to a new trial]]>https://www.rsepplaw.com/?p=481812026-01-28T12:12:39Z2026-01-28T12:12:39ZPost-conviction relief is sometimes possible, even if you have already gone through a trial and been convicted. Many people assume that this conviction marks the end of the process and that they are out of options. It is important to know that this is not always true and that there may still be legal steps you can take.
For example, perhaps you were convicted under a state statute, but you believe that the statute is actually in violation of the U.S. Constitution. This would make your conviction illegal, even though the statute would appear to authorize that conviction. You may be able to look into your PCR options to have that conviction overturned on the grounds that it is a violation of your fundamental rights as an American citizen, as granted to you by the U.S. Constitution.
This does not mean the charges are immediately dropped
If this happens, it does not necessarily mean that your conviction and the charges against you have to be dismissed. Instead, it may simply lead to a new trial. The former conviction was in error, so another trial is necessary, with the understanding that the initial statute violated the Constitution.This could, of course, mean that those charges are eventually dropped. If the only reason you were convicted is because you violated that statute, and it is clear that this statute should not apply in your case because it violates your rights, then it will not be used in the second trial. This means that you would likely not be convicted, and you would eventually receive the outcome that you desired.But this does help to show how this can be a complex process, and you do not necessarily get those results immediately. It is very important for you to understand exactly what legal steps to take as you address this issue.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[How a Brady violation can result in post-conviction relief]]>https://www.rsepplaw.com/?p=481772026-01-21T16:00:40Z2026-01-21T16:00:40ZOne reason that someone may be able to seek post-conviction relief after being convicted of a crime is if prosecutorial misconduct is discovered after the trial and after the deadline for appealing the conviction has passed.
There are a number of things that can qualify as prosecutorial misconduct. One is known as a violation of the “Brady Rule.” This rule requires prosecutors to fully disclose any exculpatory evidence they discover. That means any evidence prosecutors have that could possibly exonerate a defendant or is at least in their favor must be disclosed to the defense.
What is a Brady violation?
When prosecutors fail to disclose this evidence, it’s considered a violation of a defendant’s constitutional right to due process and specifically to a fair trial. It’s also known as a “Brady violation.”The name comes from a 1963 Supreme Court case (Brady v. Maryland). Prosecutors who got a murder conviction and death sentence for Brady and another defendant withheld the co-defendant’s confession to being the one who actually committed the murder. While the high court’s ruling that prosecutors engaged in misconduct didn’t free Brady, it did change his sentence from death to life in prison. (He was later freed by the governor.)Withholding evidence that can potentially be favorable to a defendant, whether it fits with the prosecution’s narrative of a crime or not, is now widely recognized as misconduct and can result in sanctions for those who do it. Later Supreme Court rulings have clarified that any evidence prosecutors have that could be favorable to the defendant must be disclosed to the defense as soon as possible, even if they don’t request it. Those who don’t do so can face sanctions from the court.Not all of this evidence may make a difference in the verdict or the sentence. However, if it’s discovered that prosecutors knowingly withheld it, it’s certainly worth exploring. Having experienced legal guidance is crucial.]]>