Expungement in Oregon Restores Firearm Rights — Why Is OSP Still Denying People?

When a conviction is set aside in Oregon under ORS 137.225, the law says it’s as if the conviction never happened. That’s the whole point of expungement — to give people a clean slate. Oregon courts have reinforced this principle for decades. In fact, in Mohiadeen v. Washington County Sheriff’s Office (2025), the Oregon Court of Appeals confirmed that a set-aside restores state firearm rights.

So why are Oregonians still being denied when they try to purchase firearms?

What Changed in 2024

For decades, both the Oregon State Police (OSP) and federal agencies like the FBI and ATF treated Oregon expungements as valid for firearm purposes. If your conviction was set aside, you weren’t considered a felon, and you could lawfully possess and purchase firearms. Thousands of Oregonians did exactly that without issue.

But in February 2024, OSP abruptly changed course. Suddenly, people who had been approved for years — even those with concealed handgun licenses (CHLs) and prior federal approvals for NFA items like suppressors — were being denied when they tried to purchase firearms.

OSP has since seemed to concede in litigation that expungement restores state firearm rights. Yet they continue to block firearm purchases, blaming the federal government. The problem? There has been no change in the law. The only thing that changed is how OSP interprets it.

The State of the Law as of September 2025

Here’s what’s clear today:

Court of Appeals Confirms Expungement Restores Rights

  • State rights are restored. The Court of Appeals in Mohiadeen (2025) affirmed that a set-aside under ORS 137.225 restores eligibility for firearm rights under state law.

No Change in Oregon Statutes

  • No law has changed. The statutes are the same: ORS 137.225 provides that a person with a set-aside “shall be deemed not to have been previously convicted.” ORS 166.291(2) acknowledges expungements for CHL eligibility.

Public Safety Arguments Don’t Apply

  • Public safety arguments don’t apply here. Cases like State v. Long-Ellis (2024) confirm courts can deny a set-aside on public-safety grounds, but that’s not what OSP is doing. They are simply refusing to process firearm transfers for people whose convictions have already been set aside.

The Real-World Impact on Oregonians

Since March 2024, we’ve heard from many Oregonians with the similar situations:

  • They’ve held CHLs for years.
  • They’ve purchased firearms lawfully in the past.
  • Some were approved by the federal government for NFA items like suppressors.
  • After their convictions were set aside, they believed their rights were fully restored — and the law says they are.
  • Suddenly, OSP denies a new firearm purchase.

In some cases, OSP employees have even told people they can’t possess firearms. That’s not apparently the official position — the denials apply to purchases, but the chilling effect is real. Each denial represents a civil rights violation for Oregonians who have done everything the law requires to clear their record.

The Legal Response and Ongoing Litigation

On August 12, 2025, a group of Oregon attorneys — including Lohrke Law — sent a letter to the U.S. Attorney General Pam Bondi, FBI Director Kash Patel, and FBI Deputy Director Dan Bongino informing them of this civil rights violation and requesting assistance. Separately, Oregon firearms attorneys are working on other litigation to restore order and make clear to OSP that 137.225 not only restores firearm rights but also restores other civic rights like jury service. Oregon law treats a set-aside as though the conviction never occurred.

If OSP doesn’t correct its course, federal litigation is likely to follow.

What This Means if Your Conviction Was Expunged

  • If your conviction has been set aside, state law says your firearm rights are restored.
  • OSP acknowledges that — but still refuses to approve firearm purchases.
  • This is a time-sensitive issue. As of September 2025, litigation is still developing.

If you’ve been denied since March 2024, you’re not alone. Dozens of Oregonians are in the same position.

Conclusion: Expungement Means a Clean Slate

Expungement in Oregon is supposed to mean a fresh start. The law is clear: when a conviction is set aside, it is as though it never happened. Courts have recognized that principle for decades. Yet OSP continues to deny firearm purchases to Oregonians with expunged convictions, blaming a supposed federal interpretation.

This fight is far from over. For now, know that your rights are being wrongfully withheld and efforts are underway to fix it.

Posted in Rights Restoration