State v. Thompson

Defendant appeals from denial of his motion to expunge the record of his felony conviction in 1959. The crime was burglary not in a dwelling, under then existing ORS 164.240, which has since been repealed and replaced by provisions in the criminal code of 1971. The motion sought to invoke the circuit court’s authority under ORS 137.225, which, in pertinent part, provides :

“(1) Every defendant convicted of a Class C felony * * * or a crime punishable as either a felony or a misdemeanor in the discretion of the court * * * at any time after the lapse of three years [without further criminal…