State v. Burke

*9ROSSMAN, J.

The state appeals an order that set aside defendant’s conviction, pursuant to ORS 137.225. The issue is whether a conviction for child abuse can be “expunged”1 from one’s criminal record after the effective date of a statutory amendment that expressly prevents convictions for that offense from being set aside. We hold that it cannot, and reverse.

In September, 1986, defendant was convicted of sexual abuse in the first degree. ORS 163.425. The victim was a four-year-old girl. Under the statutory scheme that allows certain convictions to be set aside three years after the successful…