Springer v. State

Because I am unable to perceive any rational basis for the legislature’s permitting one convicted of criminal mischief in the first degree to expunge his record, but denying the right of expunction to one who is merely arrested, but not formally charged (and thus not convicted), for the same offense, I would affirm the trial court’s order directing the expunction of plaintiff’s arrest record. Unless ORS 137.225 is so construed, it suffers from constitutional infirmity by denying to plaintiff the equal protection of the laws guaranteed by the Fourteenth Amendment to the United States…