Removing an old crime from your record is the single best way to restore your gun rights. For adult crimes that is called a 'set aside' and for juvenile adjudications the process is called an 'expungement'. When a crime has been removed from your record it will not stand in the way of obtaining a better or new job, finding housing, or successfully passing a background check to purchase/possess a firearm. Under Oregon law if a crime has been Set Aside it is "deemed not to have occurred" and you "may answer accordingly any questions relating to its occurrence." See ORS 137.225 for more details.
Every set aside has fees to the court, a background check fee, and requires a Motion, Order, and Affidavit. These are all documents your lawyer will prepare for you. It will be necessary to obtain one fingerprint card. Click the link to find out where you can obtain a fingerprint card in your area. Fingerprint cards are maintained by the federal government, and the same anywhere in the United States.
Step 1: Is your crime eligible to be set aside?
There are many Oregon crimes that are eligible to be Set Aside or sealed. Almost all Misdemeanors and Class C Felonies are eligible for this process. All Possession of a Controlled Substance convictions. After legalization, almost all Marijuana crimes are eligible to be Set Aside regardless of their classification in the criminal justice system. If you have a crime that qualifies under this list you may qualify for a Set Aside of your old conviction.
Crimes that are statutorily not eligible include;
Criminal Mistreatment (if constituting elder abuse)
Endangering the Welfare of a Minor (if constituting child abuse)
Criminally Negligent Homicide
Assault in the Third Degree (if the victim was under 10 years of age)
A Sex Crime (unless you have been granted relief from the registry requirement)
Traffic Crimes (DUIIs, Eluding in a Vehicle, and Reckless Driving)
A Class B felony may also qualify for a Set Aside. This is the rarest of rare as far as eligibility is concerned. An individual who falls under this criteria is so rare, that we call this type of crime and eligible person a 'unicorn'! If you think you may qualify with this rare exception to the law, let us know. It's always great to find a unicorn!
By hiring the Lawyers at Oregon Gun Law we will assist in determining if the crime that you were convicted qualifies for a Set Aside. Our lawyers have set aside hundreds of crimes successfully.
Step 2: Has enough time passed?
Enough time has to have passed from the conviction to the date you are requesting the crime to be set aside. This question starts the more complex portion of a Set Aside.
If you only have one conviction on your record you have to wait three (3) years from the date of conviction. That's it! One conviction; wait three years, and you are eligible for a Set Aside by the Oregon Gun Law team.
If you have more than one conviction within the last ten (10) years, than you have to wait ten years from your last conviction to set everything aside. If you have one crime within that ten (10) year time-frame and the rest are outside, you may be able to set the most recent crime if it is more than three (3) years old.
Traffic violations do not count toward these time calculations. You are also allowed to have one (1) non-traffic violation (MIP, possession of marijuana, etc).
If you fall into the 'unicorn' category (see above) and have one, eligible Class B Felony you have to wait twenty (20) years from the date of conviction to set it aside.
The time calculations are complex and there are many, many variables. It is best to have a free consultation with an experiences expungement attorney to discuss the eligibility of your crime and how we can assist you.
To set aside a crime you have to have completed probation successfully including;
Paid back all the fines and fees
This includes any fines and fees on other cases you may have, including traffic violations
Completed your community service
Completed the treatment courses necessary on your case
Waited enough time to be off probation
Did not violate the law during your probation
If you were unsuccessful on your probation and 'revoked' from your probation than the clock starts over. If probation is unsuccessful than the application requires a wait for ten (10) years from the date of that revocation.
The lawyers at Oregon Gun Law will assist in answering all of your questions and assisting with a Motion to Set Aside you old conviction. After a Set Aside you will be eligible to Purchase and Possess firearms as well as obtain an Oregon Concealed Handgun License. Do not hesitate to contact our office to discuss your options on sealing old crimes.
A Juvenile Adjudication will also prohibit someone from purchasing or possessing firearms. The process for Expungement of a Juvenile Adjudication is different than an Adult Conviction. It is helpful to have an attorney that knows the process to aide in your success.
ORS 419A.262 describes the process in detail. If your old juvenile adjudication is eligible to be expunge and completely seal your old crimes. Let our lawyers help you every step of the way.