State v. Hartford

Pursuant to ORS 137.225, the trial court granted defendant’s motion to set aside the record of his arrest for burglary in the first degree, ORS 164.225. The state appeals, arguing that the trial court erred in setting aside defendant’s arrest record because he had been convicted of another crime within the preceding 10 years and, therefore, ORS 137.225(6)(b) precluded the trial court’s order. We agree and reverse.

The facts are undisputed. In November 2002, defendant was convicted of theft in the third degree, ORS 164.043. In February 2003, defendant was arrested for burglary in the first…