Criminal Records, Expungement Expungement for Firearms charge

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can i get my firearm rights back with a possesion firearm charge pendingits been 13 years before my new event

Oregon law allows for certain crimes to be removed or set aside from your criminal record.

The process is known as expungement or, in some cases, it is called expunction.

The expungement/expunction process allows a person to ask a court to remove the record of an arrest or any eligible Oregon criminal conviction from their criminal record.

If an Oregon judge grants this request, as far as the law is concerned, you are now deemed not to have been previously convicted or arrested of the expunged crime.

Simply put, the record of the Oregon conviction and arrest shall be ordered to be set aside (expunged), pursuant to ORS 137.225, and shall be deemed for all purposes of law to not have occurred at all.

This however, has no bearing on how the federal authorities feel.

Your records would still be retained by NCIC, FBI, and DoJ.

Here is a link provided by the Oregon State bar that discusses expunction/expungement.

Some lawyers charge between $1,000 upwards of $2,500 to represent you for expungement proceedings.

Those crimes that are NOT subject to expungement under current Oregon law are:

- In Oregon no sexual offenses which would trigger sex offender registration requirements are eligible for expungement under Oregon law (ORS 137.225(5)(12)).

- No traffic offenses may be expunged under Oregon law. This includes anything in the Oregon traffic code. (ORS 137.225(6)(a)). The most common of these non-expungeable Oregon traffic criminal convictions are the offenses of Driving While Under the Influence of Intoxicants (DUII), Reckless Driving, and Driving While Suspended or Revoked.

- No Oregon convictions for Criminal Mistreatment in the First Degree (involving a child) or Endangering the Welfare of a Minor if these offenses constitute child abuse under 419B.005 or ORS 137.225(5)(C)(B).

- No "A" or "B" level felonies, except for the crimes of possession a delivery of marijuana. (ORS 137.225(5)(c)).

- Under recent developments in Oregon law, some "B felony" convictions may be expunged after a waiting period of 20 years.

If you believe you are eligible for a possible expungement of your Oregon criminal conviction, I encourage you to meet with an Oregon expungement lawyer.

It is a very difficult process.

Be advised, it might restore your rights in Oregon, but as far the federal government is concerned; a convicted felon's firearm rights can never be restored via expunction.

To satisfy the feds, you'd have to receive a full pardon by your state's governor.

Here is a link by an Oregon lawyer that specializes in expunction.

I have no direct knowledge of this lawyer, other than what I've read.

The important point I'm making is that you should speak with a local lawyer about expunction.

The initial conversation is free, and you can ask specific questions.

Even if you get your rights restored in Oregon, assuming that is possible, and move to another state, that state might not honor that expunction. Also, the feds will never honor a restoration of righst (for gun ownership) unless a pardon has been received. Furthermore be advised, if the conviction was based on "domestic violence", it can further complicate your life. Every situation is diffeent, so consult with a lawyer in your county.
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