State v. Kindred

A trial court may deny a qualified person’s request to set aside a conviction only if it determines (i) that the person violated public law after their date of conviction and; (ii) that the violation warrants denial of the request. State v. Larson, 268 Or App 802, 344 P3d 59 (2015).

Defendant was convicted of coercion in 2004. In 2018, Defendant moved to set aside that conviction pursuant ORS 137.225. The trial court denied the request on grounds that Defendant had outstanding fines in other, unrelated cases. On appeal, Defendant assigned error to the denial and argued that the trial court did not provide a proper basis for the denial under State v. Langan. The State contended that the trial court had authority for the denial based on the circumstances surrounding Defendant’s unpaid fines.  A trial court may deny a qualified person’s request to set aside a conviction only if it determines (i) that the person violated public law after their date of conviction and; (ii) that the violation warrants denial of the request. State v. Larson, 268 Or App 802, 344 P3d 59 (2015). The Court held that Defendant’s unpaid fines from unrelated cases were not violative of public law and, therefore, Defendant’s motion was set aside improperly under Langan. Reversed and remanded.