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STATE v. K.P.

DC D902635M; CA A84028; SC S42148.

921 P.2d 380 (1996)

324 Or. 1

STATE of Oregon, Respondent on Review, v. K.P., Petitioner on Review.

Supreme Court of Oregon.

Decided August 1, 1996.

Attorney(s) appearing for the Case

Marc D. Blackman, of Ransom, Blackman & Weil, Portland, argued the cause for petitioner on review. With him on the petition was Henry J. Kaplan, of Bennett & Hartman, Portland.

Pamela G. Wood, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

FADELEY, Justice.

K.P. invoked the provisions of ORS 137.225 to seal the records of her misdemeanor conviction (for theft in the second degree, a Class A misdemeanor under ORS 164.045) by filing a motion entitled "Motion To Set Aside Records Of Arrest And Conviction." As is statutorily required for eligibility to make the motion, more than three years had elapsed after entry of the misdemeanor judgment against her. K.P. had successfully served the probationary sentence...

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