Set-Aside Won in Custodial Sexual Misconduct Dispute
Case Background
Our client sought to set aside a conviction for Custodial Sexual Misconduct in the Second Degree. The State objected, arguing that the conviction qualified as a “sex crime” under Oregon law and was therefore not eligible to be set aside.
The legal issue turned on the wording of Oregon's statutory definition of a sex crime. Although the title of our client's conviction included the phrase “sexual misconduct,” that did not automatically place it within the specific list of offenses identified by statute.
That distinction was critical. If the State's interpretation controlled, our client would have been barred from obtaining a set-aside. If the conviction was not one of the offenses actually included in the statutory definition, our client remained eligible for relief.
Rights Restoration Outcome
We challenged the State's objection by focusing on the precise language of the statute. The Legislature had specifically identified which offenses qualified as sex crimes, and Custodial Sexual Misconduct in the Second Degree was not among the offenses expressly listed.
We raised that legal issue directly with the prosecutor and prepared to present the statutory argument to the court. The objection was ultimately overcome, and our client's conviction was successfully set aside.
The case illustrates why the exact statutory language matters in expungement cases. A conviction cannot necessarily be excluded from relief simply because its title resembles another offense that is specifically listed in the law. Careful statutory analysis made the difference in preserving our client's eligibility and obtaining the set-aside.
It is important to note that laws change and at the time of this writing there is a legislative attempt to add custodial sexual misconduct to the list of sex offenses.
Case examples are provided for informational purposes. Details may be changed or omitted to protect client confidentiality. Past results do not guarantee a similar outcome.
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