Rights Restoration Case Examples

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2016 Client, Lane County - Convicted Charges


Driving under the Influence of Intoxicants

Felony Failure to Perform the Duties of a Driver (Hit and Run)

Rights Restoration Result


Oregon firearm rights restored

Years earlier, this client had been involved in an alcohol-related crash where a person was injured.

He hired Lohrke Law because he wanted to hunt again. Hit and Run is a driving crime and cannot be expunged. It can, however, be reduced to a misdemeanor, but we did not feel enough time had passed yet for a judge to reduce the charge. Therefore, we applied for his firearm rights to be restored. This required that we prove to the judge by clear and convincing evidence that he is not a danger to the public or himself.

After a hearing on the matter where we called witnesses, our client was granted a firearms rights restoration.

2015 Client, Marion County - Convicted Charges:


Felony Driving While Suspended

Rights Restoration Result


Felony reduced to Misdemeanor

This client was convicted in 1992 of felony driving while suspended and misdemeanor Driving Under the Influence of Intoxicants. The felony kept our client from owning and possessing firearms, but more importantly, he owned a machine shop and hoped to be able to manufacture parts for firearms. The felony conviction prevented him from doing anything related to firearms.

Driving crimes in Oregon cannot be expunged, or set aside, so we filed motions to reduce the felony conviction to a misdemeanor, twenty-three years after the conviction. Lohrke Law was the first law firm in many counties across Oregon to files motions to reduce felonies to misdemeanors. It often required that we prove to district attorney's offices and judges across the state that Oregon law allows a Class C Felony sentence to be reduced to a Class A Misdemeanor sentence, even years after the conviction with the case file was long closed.

In this case, Lohrke Law proved to the court that continuing the felony conviction would be unduly harsh.

The judge granted our request based only on the motions we filed with the court. There was no need for a hearing. We strive to avoid a hearing before the judge when it is possible because it saves our clients money.

Today, this client is no longer a felon and all of his rights are restored.

2015 Client, Lane County - Convicted Charges:


Unlawful Possession of a Controlled Substance, ORS 475.992

Rights Restoration Result


No Criminal History

Since these convictions, our client had quit drugs and maintained a steady work history. The felony convictions prevented him from getting promoted at work or finding a better job. He came to us because he wanted his record cleared.

These convictions were eligible to be set aside under the Oregon expungement statute, ORS 137.225. We filed the appropriate motions and they were granted. This client now has no criminal history. Police agencies have shredded any reports related to these cases. The court files are held under seal. Our client can legally deny these crimes ever occurred.

2015 Client, Lane County - Convicted Charges:


Criminally Negligent Homicide

Rights Restoration Result


Oregon Firearm Rights restored.

When our client was young, he drove while intoxicated and a crash occurred that resulted in the death of his best friend. The crash was devastating and our client never touched alcohol again. Many years later, he contacted Lohrke Law because he hoped to be able to go hunting with his family despite the felony conviction.

Lohrke Law filed a motion to restore our client's Oregon firearm rights. The motion was not opposed by the Sheriff, and within a couple of weeks, the judge signed a judgment restoring our client's firearm rights. Our client was again able to go hunting with his family.

2016 Client, Coos County - Convicted Charges:

 

Felony Driving While Suspended, 1982

Felony Driving While Suspended, 1980

Felony level, Possession of a Firearm, (from another state) 1997

Rights Restoration Result


Oregon Firearm Rights restored.

Our client’s primary goal was to be able to hunt again with a rifle. A lifetime of hard work had left him with a bad shoulder and he could no longer bow hunt. We are Oregon attorneys and could not help with the out-of-state conviction, so our client decided to do an Oregon firearms rights restoration under ORS 166.274. This procedure allowed our client to restore his Oregon firearm and hunting rights while still having three felonies on his record.

Our request to the court was granted without a hearing and our client’s right to hunt with a rifle was restored.

2016 Client, Lane County - Convicted Charges:

 

Unlawful Manufacture of a Controlled Substance, Class A Felony, 1985

Possession of a Controlled Substance, Marijuana, Class C Felony, 1985

Rights Restoration Result


No Criminal History

This client had previously been ineligible for expungement of the Class A felony for the manufacture of a controlled substance.

However, due to changes in Oregon’s expungement statute for marijuana crimes (ORS 137.225 and ORS 137.226) we were able to expunge our client’s entire criminal record.

2016 Client, Lane County - Convicted Charges:

 

Felony Driving While Suspended, 1987

Felony Driving While Suspended, 1988

Rights Restoration Result


Felony driving while suspended reduced to misdemeanor

For this client, the felony Driving While Suspended convictions could not be expunged because they are crimes that appear in the vehicle code.

However, they could be reduced to misdemeanors. Our request to convert the felony convictions to misdemeanors was granted without the need for a hearing.

2016 Client, Lane County - Convicted Charges:

 

Criminal Mischief 1, 2000

Criminal Mischief, 2000

Harassment, 2000

Rights Restoration Result


No Criminal History

This client was eligible to expunge his entire criminal history. We filed the appropriate motions with the court and his criminal history is erased.

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