Q: have a felony convictions in oregon for burg 2 one in California for burg 2 20 years ago would like restore gun rit
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.