Set-Aside Won After Reduced Restitution Balance
Case Background
Our client sought to set aside a decades-old conviction, but the State objected because restitution from the original case remained unresolved. Under Oregon's set-aside statute, the State took the position that the outstanding obligation meant our client had not fully completed the sentence and was therefore not yet eligible for relief.
The restitution history was complicated. Some portions of the original financial obligation had been paid off, while another amount remained tied to an insurance-related claim.
Rather than accepting the original restitution figure at face value, we investigated the current status of the obligation and worked directly with the insurance company to resolve it for a substantially lower amount.
Rights Restoration Outcome
We negotiated with the insurance company and reached an agreement that allowed our client to satisfy the remaining obligation for significantly less than the original restitution amount. Once the negotiated amount was paid, we obtained documentation confirming that the issue had been resolved.
We then provided proof of payment to the prosecutor. With the restitution issue addressed, the State withdrew its opposition to the set-aside, removing the principal barrier to relief.
This case shows that an old restitution balance does not always have to be treated as a fixed obstacle. Careful review of the underlying financial history, direct negotiation with the party holding the claim, and prompt documentation of the resolution can make the difference between a contested case remaining stalled and a client being able to move forward with expungement.
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.
Hear From Our Past Clients
Take The First Steps Towards Restoring Your Rights
Not sure if your record can be cleared or which rights you can get back? That's where we come in. Get in touch today and schedule a phone consultation. We'll discuss your situation, walk you through your options, and determine a clear plan to move forward.
Even if you don't live in Oregon, if there is an Oregon record, we can discuss your options.


.png)


