Can You Expunge a Statutory Rape Conviction
My question involves criminal law for the state of: Oregon, yamhill county.
I am posting a essay i wrote for college, it has full details of my conviction, what led up to said conviction, and what i have done and am trying to do since then.. It is hard, and after reading i have teh following questions.
Can i have this removed from record so i can be normal?
What can i do?
Is this unjust?
ANy other comments.
My life was turned upside down shortly after turning nineteen. My friend introduced me to his cousin who he claimed to be eighteen years of age. I first e-mailed her through Myspace.com and on her profile page it stated she was seventeen years of age, I thought to myself “Must be a typo, because my friend assured me she was eighteen.” The female cousin and I met in person a week after emailing each other back and forth. On day 5 after our first date; we made it an official relationship. Three weeks into the relationship we moved onto a sexual relationship. The following day my girlfriend admitted to me that she was seventeen going on eighteen, I thought to myself, “this is not a big deal since she’s so close to being eighteen.”
Shortly thereafter, I was informed from two of her older friends that my girlfriend was still lying about her true age. They would not tell me how old she truly was. The next day I sat down to talk with my girlfriend’s mother and step father, and the news I heard would change my life forever. Her mother admitted to me that she and her daughter both lied and her daughter was really only fifteen almost sixteen years of age. Now upset and confused, I told my girlfriend that things were through between us and to never contact me. Two weeks went by, and every day she would come by my place of work (Wal-Mart) and feed me more lies. She would say that she was pregnant, but she could not furnish any doctors/home kit proof.
Three weeks after breaking up, she stopped by my house in tears, and at that point she began to tell me that her mother just physically abused her, and she was confused about what to do. I told her she was not allowed to stay at my house, but I would walk her to her friend’s house. On the way to her friend’s I convinced her to call the police on her mother. When the officer arrived, he proceeded to yell at us and call us liars. He told her that he didn’t believe a word she said, told us we were children making up stories and that we had two choices; either she returns to her mother’s or she must stay at my house. I pulled the officer aside to explain to him my entire situation; he didn’t care and forced us both into his police car. He took us back to my house and convinced my mother to let her stay.
The next morning two police officers stopped by and rudely told me that I was disgusting to be hanging out with a girl of this age, and should be ashamed. I tried to explain why she was there, but they said no report was made night prior. They also explained to me that she was reported as a runaway. The following day as I was leaving for work, a detective stopped by, and explained to me I was being arrested for rape. On this day I was only allowed one phone call, so I had a NoCallNoShow and Wal-Mart fired me. I spent the next two years in and out of court, always being told by my lawyer that I should plead guilty otherwise I will spend 25 years in prison. The same day I was convicted I found out that “my victim” and her mother had filed rape the night the officers picked her up from my house. They dropped the charges the next morning. Unfortunately for me since she was under eighteen years of age, the state was allowed to pick up the case. I was convicted of four counts of rape in the 3rd degree (class c felonies); I was sentenced to 40 days in jail, five years of probation, and must register as a sex offender for life. (More info on this subject to follow)
I was not going to allow this outcome to destroy my life. If I let this hold me back from a great future I might as well lay down in front of a speeding car; at least that would hurt less then slowly killing myself with regret. During the longest trial of my life, I met a beautiful woman named Mikayla. A week into our friendship I explained what was going on in my life. She did not take it with a grain of salt; I let her ponder on it for a few days. Finally two days after admitting everything to Mikayla, my phone rang. It was her, and she proceeded to explain to me that she was going to allow me the chance to prove myself as a person. Months went by, finding out good news from my lawyer, then bad news. Everyday my lawyer would find a new way to convince me that if I fought the system I would surely go to prison. I was new to the legal system, and I was most definitely afraid of going to prison with a sex offence. Mikayla and I endured lots of hardships. Then the day of reckoning came. I was convicted of Rape in the third degree. Mikayla was at my conviction, and the Judge allowed me to say my temporary goodbyes. They escorted me directly to jail. I was let go from Staples at this point. Human Res. could not allow someone just being convicted of a sex crime work at this company. My supervisor did not wish to let me go.
Shortly after being released from jail, I obtained a full time job at Grocery Outlet. I then started attending G.E.D. classes at Chemeketa. In the spring of 2009, I graduated and received my G.E.D. As fall term came around the corner I signed up for classes, and thus began my new life. Fall term finished and I received a 4.0. I have finished my first year towards my degree with a 3.87. After only 1 year (Minimum time), I had completed the states required sex offender treatment. I was released to inactive status probation 2 years 6 months early for great behavior. Due to the circumstances of conviction (Lack of consent due to age only) I am allowed to have sex offender registration removed. I’m currently in the middle of a battle trying to remove my conviction from my record. It will take a whole lot of effort and time, but someday I will have this conviction removed from my record, and when that day arrives my next goal will be to prevent what happened to me, happen to others.
So many people endure hardship in their lives; some situations are better or worse off than what I am dealing with. It is unfortunate how so many of these people let their hardships ruin their lives. I am where I am today because I decided not to let my conviction rule over what I believe to be my right path in life. I know my wonderful girlfriend Mikayla will continue to stand by my side as she has for the last 3 years. If I am a true sex offender would this wonderful Christian child, planning on being a Music Teacher, with well-respected parents of high class have plans to start a family with me? I still have many battles to fight, but some day somehow I will prevail. If someone gives you lemons, trade them in for something less tart. Which means don’t just accept lemonade, strive for what you want in life, and you’ll receive it.
I thank you for your time.
Sincerely, Robert Viles
SInce then, i have had major trouble getting a job, or when i get one, keeping it. I am still in college almost finished with my first degree. Up untill recently i held a job at dominos, the original owner did not run background checks, unfortunatly a new owner bought us, and we all had to reapply for job, thus a background check was ran, and i was fired for my record. Again being punished for a crime i was already convicted/punished for. I just want a normal life for my soon to be wife and I. Im trying to make myself someone in this world, shouldnt that mean something?
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