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    5683HUGGS's Avatar
    5683HUGGS Posts: 53, Reputation: 3
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    #1

    Aug 27, 2011, 11:39 AM
    Does Oregon probate court check for Class 1 misdemeanors?
    We are in a common law marriage for the last 12 years. . My Common law husband want to be Conservator and Guardian of his father. His father lives in Oregon and we live in another state. In Oregon you cannot be a Conservator or a Guardian if you have a class 1 misdemeanor. Our state does not have classes for misdemeanors.. My significant other has had several misdemeanors in our state. There over 11 years old and older. We have a hearing date coming shortly, so I need help soon. Thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 27, 2011, 01:19 PM
    Oregon also does not recognize common law marriages. I don't know what state you are in, but several US states no longer recognize common-law marriages.

    But that wasn't your question. I would suspect, that, if Oregon has this law, then it will do a background check on anyone applying for conservator status. I couldn't find anything specific about this, but the likelihood is strong.
    5683HUGGS's Avatar
    5683HUGGS Posts: 53, Reputation: 3
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    #3

    Aug 27, 2011, 02:20 PM
    All erased except for one 273.5 A penal code misdemeanors 11 years old. Do the courts even check? What happens if you lie? I looked under Oregon law, it reads very different from California Law. I couldn't find anything like a 273.5 in California. Can I amend the objection in court the day of the hearing to include me. I have never been arrested for anything. Hearing is Wednesday. Reply would be very appreciated.
    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 27, 2011, 03:17 PM
    First, no you never lie on a legal document. If you are caught it will go much worse since that is perjury.

    Second, since you would not be recognized as a relative of the father, its unlikely your name on the request would be accepted.

    By the way, you may not have a Common Law marriage in CA either. CA does not recognize common-law marriages, however, under certain conditions you might be considered married. See this site:

    Common Law Marriage in California FAQ
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Aug 27, 2011, 04:50 PM
    I believe you will be required upon filing in court and before the hearing, you will provide them a criminal history.
    ** which is best, since if they run it, they can see all of the convictions even ones that were explunged. If you run one and provide it, it only shows the ones not explunged

    But yes they will see it.
    Next if they did not, he could be charged with a felonly for fraud.
    5683HUGGS's Avatar
    5683HUGGS Posts: 53, Reputation: 3
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    #6

    Aug 28, 2011, 11:43 AM
    What should I expect at the Hearing? How do I prepare for it? I appreciate any response.
    Thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 28, 2011, 12:53 PM
    Proof of the fathers medical issues requiring this to be done will be of first most concern.

    Then after proof of need for one, proof that you qualifiy
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Aug 28, 2011, 03:10 PM
    Quote Originally Posted by 5683HUGGS View Post
    ... I couldn't find anything like a 273.5 in California. ...
    At least you appear to have the right idea. It is likely that Oregon would look at the definition of the California crime and determine which of it's crimes is most similar.

    Is this the one? :

    "273.5. (a) Any person who willfully inflicts upon a person who is
    his or her spouse, former spouse, cohabitant, former cohabitant, or
    the mother or father of his or her child, corporal injury resulting
    in a traumatic condition, is guilty of a felony, and upon conviction
    thereof shall be punished by ..."
    5683HUGGS's Avatar
    5683HUGGS Posts: 53, Reputation: 3
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    #9

    Aug 29, 2011, 09:59 AM
    Yes, that is the code. And the Hearing is this Wednesday.
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