- Court: Oregon Supreme Court
- Area(s) of Law: Criminal Law
- Date Filed: 06-29-2016
- Case #: A157199
- Judge(s)/Court Below: Shorr, J. for the Court; Armstrong, P.J.; & Egan, J.
Defendant appealed a denial of his motion to expunge two counts of third-degree rape under ORS 137.225(8)(b). Defendant argued that the exception under ORS 137.225(6)(b), which requires no violations of sexual conduct in the last 10 years to warrant expungement, did not apply. The Court held that the exception did apply because the statute described a general requirement, not specific to ORS 137.225(8)(b). Defendant had been accused of two counts of a sex crime arising from the same event and therefore did not pass the exception to allow expungement. Affirmed.