Klamath Falls, OR asked in Criminal Law for Oregon

Q: have a felony convictions in oregon for burg 2 one in California for burg 2 20 years ago would like restore gun rit

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1 Lawyer Answer
Brandon C. Foy
Brandon C. Foy
  • Criminal Law Lawyer
  • Stanfield, OR
  • Licensed in Oregon

A: Contact attorneys in Oregon and Washington that practice in expunction/expungement and felony rights restoration. You may need two separate attorneys unless you can find one licensed to practice in both states. I cannot speak for your options under Washington law because I am not licensed to practice law there, but the following is a summary of some of the options you may have under Oregon Law depending on the circumstances:

1) File a Set Aside Motion ("Expunction") under ORS 137.225: eligible applicants can file a motion to have records of arrest and/or conviction for certain crimes to be set aside and sealed. Successful applicants are deemed for purposes of the law to not have been previously convicted, or arrested, cited and/or charged. This is commonly (and incorrectly) referred to as "expungement," with the important difference that the records are "sealed" and not "destroyed". Fees for filing and fingerprinting may apply.

2) File a Motion to Reduce Felonies to a Misdemeanor under ORS 161.705: those convicted of any Class C felony or certain Class A and B felonies can seek to have the court reduce it to a Class A misdemeanor. The applicant must demonstrate to the court that the nature and circumstances of the crime and their history and character show that it would be unduly harsh to continue to sentence them for a felony. No filing fee is required for this motion.

3) Petition for Relief from Prohibition Against Possessing or Receiving Firearms under ORS 166.274: the applicant must

demonstrate by clear and convincing evidence that they are not a threat to the public or themselves.

All of the above processes may require a hearing, which can sometimes be avoided if local law enforcement and/or the prosecutor's office do not oppose the request. Contact an attorney to discuss these and any other possible options you might have to get this taken care of. Best of luck to you.

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