State v. Branam

Defendant sought an order setting aside the record of his arrest and conviction for the offense of possession of a controlled substance. ORS 137.225. The trial court denied the motion, and defendant appeals. We reverse and remand.

The relevant facts are undisputed. In 1997, defendant pleaded guilty to a Class C felony charge of possession of a controlled substance. On August 6, 1997, the trial court sentenced him to 18 months’ probation, ordered him to complete 80 hours of community service, and imposed a $94 unitary assessment fee. As one of 14 general conditions of probation, defendant was…