Felony Reduction to Misdemeanor
If your felony conviction is a Driving Crime, or if your are not yet eligible to have it Set Aside, often times a Felony Reduction to Misdemeanor is the best route to restore your rights to purchase and possess firearms.
Oregon Law allows for any Class C Felony to be reduced to a misdemeanor assuming the Defendant meets some necessary criteria under ORS 161.705:
Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:
(1)(a) A person is convicted of any Class C felony; or
(b) A person convicted of a felony described in paragraph (a) of this subsection, of possession or delivery of marijuana or a marijuana item as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545) constituting a Class B felony, or of a Class A felony pursuant to ORS 166.720 (Racketeering activity unlawful), has successfully completed a sentence of probation; and
(2) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that it would be unduly harsh to sentence the defendant for a felony.
If your Class C Felony was a Driving While Suspended/Revoked you may also qualify under ORS 161.710:
Notwithstanding ORS 161.525 (“Felony” described), the court has authority, at any time after a sentence of probation has been completed, to enter judgment of conviction for a Class A misdemeanor for a person convicted of criminal driving while suspended or revoked under ORS 811.182 (Criminal driving while suspended or revoked) committed before September 1, 1999, and constituting a felony if:
(1) The suspension or revocation resulted from habitual offender status under ORS 809.640;
(2) The person successfully completed the sentence of probation; and
(3) The court finds that, considering the nature and circumstances of the crime and the history and character of the person, it would be unduly harsh for the person to continue to have a felony conviction.
Because our laws allow Class C Felonies to be reduced it is important to explain to the Court how a felony is 'unduly harsh'. It would be very helpful to explain to Oregon Gun Law, and then to the Court how:
The felony conviction makes it difficult to obtain employment in your field
You have been denied promotions or jobs based on the felony conviction
You have been denied or excluded from housing opportunities based on the felony conviction
You are unable to volunteer at schools or coach sports
You are unable to shoot or hunt with a firearm
All of these reasons, and more, may be what makes your felony conviction 'unduly harsh'. That is the standard for reducing the crime. Similar to expungements, it is important that you completed the sentence of the Court, paid back restitution, and completed any treatment that was necessary of you. If you have completed all the necessary courses, classes and paid all fines and fees the lawyers at Oregon Gun Law can aide in reducing your crime to a Misdemeanor and Restore your Rights to Purchase and Possess Firearms.