State v. Larson

When determining whether to set aside a conviction under ORS 137.225, a court may only consider the circumstances and behavior manifested by a criminal defendant's conduct for the 10-year period after conviction.

Defendant appealed a trial court order denying a motion to set aside his conviction for delivery of marijuana—Defendant was charged in June, 2006, and pled guilty in November, 2006. Around the same time as his June charge, Defendant was arrested for manufacture of marijuana in Washington—Defendant pled guilty in March, 2007. On Defendant’s motion, this conviction was set aside in July, 2013. In August, 2013, Defendant filed an motion to set aside the June Oregon conviction, and argued that only convictions set aside under ORS 137.225 could be considered in the decision. The State responded that, because the convictions were so close in time, Defendant’s behavior had shown no improvement after the first Oregon conviction. The trial court determined that Defendant’s circumstances and behavior did not warrant setting aside the Oregon conviction because of his latter conviction in Washington. On appeal, the Court clarified a misinterpretation of ORS 137.225 and determined that only the circumstances and behaviors of the applicant during the 10-year period after the date of the conviction may be considered in whether to grant the motion. Defendant’s illegal conduct in Washington took place before the Oregon conviction, and could not be considered in Defendant’s ORS 137.225 motion. Reversed and remanded.