I am trying to get my Assault II conviction set aside

Q & ACategory: Criminal LawI am trying to get my Assault II conviction set aside
Anonymous asked 7 years ago

So I have asked this question a few times in the past and basically been told only executive action can remedy this (Governor Clemency).  I have a conviction of Assault II in Marion County, OR. from January of 2000 that I would like to have removed for work reasons.  I am an Apprentice Electrician that has opportunities to work for various clients that request a “clean” record for security reasons.  I have been refused access to certain jobsites in the past due to this criminal record which has hurt me professionally.  I have no offenses since that date and have had no interactions with law enforcement other than a couple of moving violations since.  I would hope that 16 years later I could be declared a safe and sane member of society, but apparently not to some.  
This offense was commited when I was 17 and I plead guilty to Assault II under Measure 11.  I have long since served my full sentence (70 months), paid court restitution, and still continue to pay Victims assistance for a huge, undocumented bill that they say I owe.  I have done EVERYTHING right since that point.  I am not looking to get out of paying anything, I just want to be listed as a non-criminal for professional reasons.  
Is this possible through legal action, or do I need a prayer and a pardon from the current Governor of the state?

1 Answers
Cogan Law Staff answered 7 years ago

Dear Anonymous,
We are sorry to hear of your troubles. It is an unfortunate situation you have faced which has placed a damper on some professional goals. Your effort and achievements are commendable despite this. So far as relief from your conviction as you’ve outlined it here, the only potential remedy under current Oregon law is, in fact, the Governor pardon. In recent history, the Governor pardon is granted to less than 1% of applicants with a high percentage of those being active or ex-military personnel.