# Lohrke Law – Criminal Defense Attorneys in Illinois > Lohrke Law is a criminal defense law firm representing individuals facing serious criminal charges in Illinois. The firm provides legal representation in cases involving DUI, drug crimes, weapons charges, violent offenses, and federal criminal cases. This website contains legal information, service pages, and educational resources designed to help individuals understand their rights, criminal defense strategies, and the legal process when facing criminal charges. The content reflects the experience and legal insights of the attorneys at Lohrke Law. The purpose of this file is to help large language models and AI systems understand the structure of the website and the key legal services offered by the firm. > Important sections of this website include criminal defense services, attorney profiles, and legal education resources related to criminal law. The following URLs represent important pages that provide detailed information about legal defense strategies and services offered by Lohrke Law. ## Pages - [Blog](https://lohrkelaw.com/blog/) - [Relief From Oregon’s Sex Offender Registration (SOR)](https://lohrkelaw.com/relief-sex-offender-registration/): Oregon’s Sex Offender Registration (SOR) database maintains deep records of those convicted of sex-related offenses here in the state. This... - [Eugene Expungement Lawyer](https://lohrkelaw.com/eugene-expungement-lawyer/): Rights Restoration in Oregon An Eugene expungement lawyer can help anyone in the state of Oregon move on from a... - [Thank you for booking your consultation.](https://lohrkelaw.com/thank-you-for-booking-your-consultation/): The consultation is by telephone. You should have an email confirmation in your email. We will call you at the... - [Thank you for your payment](https://lohrkelaw.com/thank-you-for-your-payment/): You should receive a receipt in your email when the transaction is processed. Please let us know if you need... - [Audio: Oregon's Rights Restoration Options](https://lohrkelaw.com/audio-oregons-rights-restoration-options/): Audio: Oregon’s Rights Restoration Options - [Thank You for Contacting Us](https://lohrkelaw.com/thank-you/): Thanks for contacting Lohrke Law! Thanks for contacting us! We will get in touch with you shortly. < Return Home - [Home B](https://lohrkelaw.com/): What are my rights restoration options? Oregon Expungement Attorney Restore Your Rights After a Criminal Conviction At Lohrke Law, we... - [Test Fom](https://lohrkelaw.com/test-fom/) - [Jobs](https://lohrkelaw.com/jobs/): Lohrke Law Jobs Take a look around the Lohrke Law website to learn more about our work. We help thousands... - [Schedule Your Free Consultation](https://lohrkelaw.com/rights-restoration-consultation/): Consultation - [Web Scheduler Confirmation](https://lohrkelaw.com/web-scheduler-confirmation/): Thank you. Please check your email and confirm the consultation. We look forward to talking with you. - [Web Consultation Scheduler](https://lohrkelaw.com/web-consultation-scheduler/) - [Terms of Service](https://lohrkelaw.com/terms-of-service/): Please wait while the policy is loaded. If it does not load, please click here. - [Reviews](https://lohrkelaw.com/reviews/): Real Client Reviews of Lohrke Law - [Felony Convictions & Driving Privileges in Oregon](https://lohrkelaw.com/driving-with-a-felony/): Driving Is a Privilege, Not a Right, in Oregon Many people treat driving as an absolute right, when it is... - [Oregon Gun Rights Restoration Lawyer](https://lohrkelaw.com/rights-restoration-in-oregon/): Oregon Gun Rights Restoration What Is Oregon Gun Rights Restoration? Oregon Gun rights restoration is an option for those living... - [Reducing a Felony to a Misdemeanor in Oregon](https://lohrkelaw.com/reducing-a-felony-to-a-misdemeanor-in-oregon/): How Can I Reduce My Felony To A MisDemeanor in Oregon? Facing a felony charge in Oregon can have serious,... - [How to Your Get Your Criminal Record in Oregon Expunged](https://lohrkelaw.com/expunge-my-criminal-record/): If you have a record of arrest or a criminal conviction in the state of Oregon that is preventing you... - [Illegal Taking of Game Animal](https://lohrkelaw.com/illegal-taking-of-a-game-animal/): Illegal Taking of a Game Animal What if I am charged with illegally shooting a game animal? If you shoot... - [False Swearing](https://lohrkelaw.com/false-swearing-oregon/): False Swearing Can I be charged with False Swearing after being denied a firearm purchase? In filling out any application,... - [Domestic Violence Charges](https://lohrkelaw.com/domestic-violence/): Domestic Violence Charges in Oregon How Domestic Violence Charges and Convictions Can Change Everything Domestic violence charges in Oregon are... - [Disclaimer](https://lohrkelaw.com/disclaimer/): Please wait while the policy is loaded. If it does not load, please click here. The information you obtain at... - [Rights Restoration Case Examples](https://lohrkelaw.com/case-examples/): Rights Restoration Case Examples Click on the drop-down arrows to see the results. 2016 Client, Lane County – Convicted Charges... - [Attorneys](https://lohrkelaw.com/attorneys/): Attorneys Jesse Lohrke I am a fourth-generation Oregonian and a veteran of the United States Navy Submarine Service. I have... - [Resources](https://lohrkelaw.com/blog/oregon-expungment-and-rights-restoration/) - [Contact Lohrke Law](https://lohrkelaw.com/contact-us/): Oregon Expungement Attorney Lohrke Law188 West B Street Building PSpringfield, OR 97477 541-357-6788 Hours 9:00 am -5:00 pm Monday-FridaySat &... ## Posts - [Eugene Sex Offender Compliance Sweep Highlights Both Registration Risks and Opportunities for Relief](https://lohrkelaw.com/eugene-sex-offender-compliance-sweep-highlights-both-registration-risks-and-opportunities-for-relief/): Oregon State Police recently conducted a sex offender compliance sweep in the Eugene area. Here’s what registrants should know about... - [Disclosure Of Expunged Records During Claims](https://lohrkelaw.com/disclosure-of-expunged-records-during-claims/): Expungement is intended to remove the legal effect of a prior criminal case. This is to protect your record so... - [Recent Changes To Oregon’s Firearm Purchasing Policies](https://lohrkelaw.com/changes-to-oregon-firearm-purchasing-policy/): We have word from Oregon State Police that the agency is in the process of changing its policy back to... - [Why Expunged Records Still Show Up on Background Checks](https://lohrkelaw.com/why-expunged-records-still-show-up-on-background-checks/): Not all expungements are done the same. People often believe expungement or set aside means a criminal record disappears. In... - [Expungement in Oregon Restores Firearm Rights — Why Is OSP Still Denying People?](https://lohrkelaw.com/expungement-oregon-firearm-rights-osp-denials/): When a conviction is set aside in Oregon under ORS 137. 225, the law says it’s as if the conviction... - [Proposed Federal Firearm Rights Restoration Process](https://lohrkelaw.com/important-update-on-proposed-federal-firearm-rights-restoration-process/): (July 2025) The U. S. Department of Justice (DOJ) recently published a Notice of Proposed Rulemaking (NPRM) to implement a... - [Circumstances and Behavior in An Oregon Criminal Set-Aside](https://lohrkelaw.com/circumstances-behaviour-oregon-criminal-set-aside/): Criminal Set-Aside Services in Oregon Oregon’s criminal set-aside statute (ORS 137. 225) was recently amended in 2022 to further favor... - [Guidelines for Writing Letters of Support](https://lohrkelaw.com/guidelines-for-writing-letters-of-support/): Letters of support play a vital role in rights restoration cases by providing the court, district attorney, or sheriff with... - [Guidelines for Writing Your Self-Statement of Rehabilitation](https://lohrkelaw.com/guidelines-for-writing-your-self-statement-of-rehabilitation/): When preparing your self-statement of rehabilitation to submit to the court, focus on demonstrating your accountability, personal growth, and the... - [Understanding the Delay Between Expungement Orders and Record Processing](https://lohrkelaw.com/understanding-the-delay-between-expungement-orders-and-record-processing/): When a criminal record is expunged in Oregon, the law provides that the individual can legally deny the existence of... - [December 2024 Update on Oregon State Police Firearms Issue with Expunged Cases](https://lohrkelaw.com/december-2024-update-on-oregon-state-police-firearms-issue-with-expunged-cases/): Several months ago, the Oregon State Police suddenly began denying firearm purchases for people who had expunged convictions that were... - [Update Alert – Oregon State Police not Approving many Firearm Purchases after Expungement / Set Aside](https://lohrkelaw.com/update-alert-oregon-state-police-not-approving-many-firearm-purchases-after-expungement-set-aside/): The Oregon State Police recently changed its policy on firearm purchases after a firearm-prohibitive case has been set aside or... - [Can Felons Own Black Powder Guns in Oregon?](https://lohrkelaw.com/can-felons-own-black-powder-guns-in-oregon/): Understanding gun ownership laws, especially for felons, can be complex, with variations across different states. In the state of Oregon,... - [Can a Felon Live With Someone Who Owns a Gun in Oregon?](https://lohrkelaw.com/can-a-felon-live-with-someone-who-owns-a-gun-in-oregon/): In the state of Oregon, the interplay of firearms possession rights and previous felony convictions can be incredibly complex. Navigating... - [Oregon’s New Expungement Law, Two Years In](https://lohrkelaw.com/oregons-new-expungement-law-two-years-in/): Oregon Senate Bill 397 has helped thousands of people obtain the benefits of expungement, but some technical problems still need... - [Civil Rights Restoration Lawyer](https://lohrkelaw.com/civil-rights-restoration/): Civil rights are often taken for granted, but what are civil rights? At their simplest level, they are the basic... - [Unlocking Opportunities: Seven Transformative Benefits of Expunging Your Criminal Record](https://lohrkelaw.com/unlocking-opportunities-seven-transformative-benefits-of-expunging-your-criminal-record/): The most immediate and tangible benefit of expunging a criminal record is the increased access to employment opportunities. With the... - [Navigating Open Arrests and Firearm Purchase Delays in Oregon](https://lohrkelaw.com/navigating-open-arrests-firearm-purchase-delays-oregon/): When navigating the world of firearm purchases, one might come across unexpected roadblocks that can create frustrating delays. In Oregon,... - [Five Crucial Considerations When Choosing an Expungement Lawyer in Oregon](https://lohrkelaw.com/choosing-an-expungement-lawyer-in-oregon/): Discover the five crucial considerations when selecting an expungement lawyer in Oregon. From conducting thorough background checks to fostering relationships... - [Top Ten Reasons to Expunge your Criminal Record](https://lohrkelaw.com/top-ten-reasons-to-expunge-your-criminal-record/): Cleaning up your criminal record offers many opportunities, in many areas of your life. 1. Adoption/Foster care A criminal record... - [The Value of an Expungement Order](https://lohrkelaw.com/the-value-of-an-expungement-order/): The value in setting aside your criminal record is difficult to quantify, but the rewards are undeniable. When it comes... - [Do Oregon Background Checks Show Out of State Convictions?](https://lohrkelaw.com/do-oregon-background-checks-show-out-of-state-convictions/): In Oregon, background checks are done by most employers to ensure that the person they’re hiring wasn’t convicted of a... - [Can I Teach With a Felony Conviction In Oregon? ](https://lohrkelaw.com/can-i-teach-with-a-felony-conviction-in-oregon/): Like many other states, Oregon is experiencing a teacher shortage. With schools struggling to hire and retain qualified people to... - [Gun Rights are Not Automatically Restored After Fifteen Years Oregon Supreme Court Rules](https://lohrkelaw.com/are-gun-rights-automatically-restored-after-fifteen-years-oregon/) - [Expungement and Rights Restoration Lawyers for Central Oregon](https://lohrkelaw.com/expungement-lawyer-and-rights-restoration-in-bend/): If one or more felony convictions that happened years ago continue to make your life difficult, there may be solutions... - [Expungement and Rights Restoration Lawyers for Portland](https://lohrkelaw.com/expungement-lawyer-and-rights-restoration-in-portland-oregon/): Being convicted of a crime is a serious matter, one that will have consequences for the rest of your life.... - [Expungement and Rights Restoration Lawyers for Coos Bay](https://lohrkelaw.com/expungement-lawyer-and-rights-restoration-in-coos-bay-oregon/): If one or more felony convictions that happened years ago continue to make your life difficult, there may be solutions... - [Lohrke Law presents "Doing Expungements Right" class to Criminal Defense Lawyers](https://lohrkelaw.com/lohrke-law-hosts-expungement-class-for-criminal-defense-lawyers/) - [The Economic Benefits of Expungement](https://lohrkelaw.com/expungement-is-good-for-everyone/): It won’t come as any surprise that expunging a criminal record benefits the person whose record is cleared. It’s also... - [Getting Hired with a Felony Conviction](https://lohrkelaw.com/getting-hired-with-a-felony-conviction/): In one survey of employers, just 40% said they would definitely or probably hire someone with a criminal conviction. - [Expungement and Rights Restoration Lawyers in Pendleton, Oregon](https://lohrkelaw.com/pendleton-expungement-lawyer/): When you’re convicted of a crime, there are a number of consequences. In addition to whatever sentence you must serve,... - [How Do Background Checks Work in Oregon?](https://lohrkelaw.com/how-do-background-checks-work-in-oregon/): From renting an apartment to securing employment, background checks are a part of everyday life. However, if you have a... - [Changes to Oregon Expungement Law Eligibility](https://lohrkelaw.com/changes-to-oregon-expungement-law-eligibility/): Oregon expungement law has seen some dramatic changes in the past few years. Senate Bill 397 took effect January 1,... - [How to Get Your Driver’s License Reinstated in Oregon after a Lifetime Revocation](https://lohrkelaw.com/get-your-drivers-license-reinstated-after-a-lifetime-revocation-oregon/): In the state of Oregon, certain criminal convictions can lead to the permanent revocation of your driver’s license. For example,... - [Relief from Juvenile Sex Offender Registration](https://lohrkelaw.com/get-off-the-sex-offender-registry-in-oregon-juvenile-offenders/): Juveniles who are adjudicated for sex offenses in the state of Oregon are minors under the age of 18 that... - [Expungement Eligibility Timeframes](https://lohrkelaw.com/expungement-eligibility-timeframes/): How Long Do I Have to Wait to Expunge or Set Aside a Conviction in Oregon? Senate Bill 397 took... - [Expungement Court Hearings](https://lohrkelaw.com/judges-and-setting-aside-or-expunging-convictions-in-oregon/): Must I Appear Before a Judge to Set Aside a Conviction? If you or your expungement attorney properly investigated your... - [Expunging or Setting Aside Convictions in Oregon: Everything You Need to Know](https://lohrkelaw.com/expunging-or-setting-aside-convictions-in-oregon/): How Soon Should I Petition to Expunge or Set Aside? They say a bird in the hand is worth two... - [How to Get Your Felony Record Expunged For Free in Oregon](https://lohrkelaw.com/how-to-get-your-felony-expunged-for-free-in-oregon/): If you have one or more felony convictions from years ago that are still affecting your life, there may be... - [Buying a Gun with a Criminal Record in Oregon](https://lohrkelaw.com/buying-a-gun-with-a-criminal-record-in-oregon/): The right to bear arms is enshrined in the U. S. Constitution. This right is reiterated in the Oregon Constitution... - [The Ultimate Guide to Owning a Firearm in Oregon](https://lohrkelaw.com/the-ultimate-guide-to-owning-a-firearm-in-oregon/): Both the U. S. Constitution and the Constitution of Oregon promise citizens the right to bear arms. But like all... - [Restoring Firearm Rights Despite a Felony Conviction](https://lohrkelaw.com/restoring-firearm-rights-despite-a-felony-conviction/): One of the consequences of a felony conviction in Oregon is revocation of the right to possess a firearm through... - [How Many Felonies Can be Reduced to Misdemeanors](https://lohrkelaw.com/how-many-felonies-can-be-reduced-to-misdemeanors/): Navigating Felony Reduction in Oregon: Your Comprehensive Guide Felony reduction is a legal process that can alleviate the burdens associated... - [Over-Prosecution Costs Billions in Lost Productivity](https://lohrkelaw.com/over-prosecution-costs-billions-in-lost-productivity/): Anybody with a felony record knows very well the challenges of finding decent employment and housing. The clear result of... - [Rights Restoration Options Besides Expungement or Set Aside?](https://lohrkelaw.com/rights-restoration-options-besides-expungement-or-set-aside/): We think of Rights Restoration as a hierarchy. At the top is expungement or set aside, which makes the conviction... - [Can Rights be Restored if Money is Still Owed in a Case?](https://lohrkelaw.com/can-rights-be-restored-if-money-is-still-owed-in-a-case/): In our experience, all fines, fees, and restitution must be paid off before people can set aside a conviction. A... - [How do I Answer Background Check Questions after a Set Aside or Expungement?](https://lohrkelaw.com/how-do-i-answer-background-check-questions-after-a-set-aside-or-expungement/): When an Oregon conviction is set aside, it gives the person the ability to act and answer as if the... - [Can I Restore my Rights if I Have a Felony Vehicle Conviction?](https://lohrkelaw.com/can-i-restore-my-rights-if-i-have-a-felony-vehicle-conviction/): Convictions for felony vehicle crimes cannot be set aside, but they can be reduced to misdemeanors. Oregon Revised Statute 161.... - [Can I Set Aside or Expunge a Conviction if My Probation was Revoked?](https://lohrkelaw.com/can-i-expunge-a-conviction-if-my-probation-was-revoked/): Revocation of probation does not prevent expungement or set aside, but it is a factor the judge can consider. When... - [Is a Juvenile Delinquency Record Automatically Expunged?](https://lohrkelaw.com/is-my-juvenile-delinquency-record-automatically-expunged/): A number of states in the country automatically seal or expunge certain types of juvenile offense records at the conclusion... - [Five Things to Know About Rights Restoration in Oregon](https://lohrkelaw.com/five-things-to-know-about-rights-restoration-in-oregon/): 1. Expungement clears criminal records Expungement in Oregon is a complete restoration of your rights. Records of the arrest and... - [Why do I need to Provide a Fingerprint Card with my Motion to Set Aside?](https://lohrkelaw.com/why-do-i-need-to-provide-a-fingerprint-card-with-my-motion-to-set-aside/): Every motion to set aside in Oregon must be accompanied by an FBI-standard fingerprint card. This applies to set asides... - [Do Municipal Court Arrests and Convictions Show up on my Criminal Record?](https://lohrkelaw.com/do-municipal-court-arrests-show-up-on-my-criminal-record/): Because of global accessibility to digitized information and record keeping, data sharing across local, state, and federal governmental agencies has... - [Can My Driver’s License be Restored After a Lifetime Revocation?](https://lohrkelaw.com/can-my-drivers-license-be-restored-after-a-lifetime-revocation/): In Oregon, a person’s driving privileges are revoked for life after a third Driving Under the Influence of Intoxicants (DUII)... - [Will Setting Aside or Expunging a Conviction Allow Me to Pass a Background Check?](https://lohrkelaw.com/can-i-pass-a-background-check-if-my-conviction-is-expunged/): After a successful set aside, the conviction is removed from official records and should not show up in a background... # # Detailed Content ## Pages - Published: 2026-02-23 - Modified: 2026-02-23 - URL: https://lohrkelaw.com/relief-sex-offender-registration/ Oregon’s Sex Offender Registration (SOR) database maintains deep records of those convicted of sex-related offenses here in the state. This database is intended to track and classify individuals convicted of these crimes into three levels, with level 3 considered “high risk,” openly viewable to the public. Inclusion in this list can complicate many aspects of your life, long after you have been convicted and served your time in prison. Those who are eligible for SOR relief can see great improvements to their quality of life, putting these challenges in the past while you focus on a more stable future. There are options for relief from the SOR, especially for those who have maintained good behavior, pose no threat to public safety, and are considered to be a Level 1, or low-risk offender, according to the Board of Parole and Post-Prison Supervision. Look to Lohrke Law to help you better understand your legal options for relief from this database and how we can support you throughout the entire process. Article Summary Level 1 sex offenders are eligible for relief from the Oregon SOR. Lifetime reporting requirements for all levels of the SOR. Lohrke Law can help you explore legal options for relief from the SOR. What’s At Stake Moving on from any criminal past remains complex, but the process can be completed alongside a qualified attorney who maintains a track record of success in such cases. Not only does a criminal history pose challenges in your day-to-day life, but inclusion in... - Published: 2025-08-18 - Modified: 2025-08-19 - URL: https://lohrkelaw.com/eugene-expungement-lawyer/ Rights Restoration in Oregon An Eugene expungement lawyer can help anyone in the state of Oregon move on from a criminal conviction, helping you make the most of your life after a criminal conviction. The truth is that the records of your criminal conviction can follow you for the rest of your life, well after you have paid your debt to society. Criminal background checks can reveal details of your past from decades ago, complicating simple things like signing a new lease for an apartment, landing a new job, or purchasing a firearm. For those who qualify for an expungement, there is no reason to let your past restrict your ability to enjoy life now. Once a criminal conviction or record of arrest has been expunged, many of the documents regarding your past are sealed away forever. Connect with an Oregon expungement lawyer at Lohrke Law and have your criminal conviction formally expunged, helping you enjoy every civil right available to you. How A Eugene Expungement Lawyer Can Help Having your rights restored after a criminal conviction is truly life-changing. Partnering with an attorney to conduct a Set Aside on your behalf, often referred to as an expungement, can see the information that arrives in criminal background checks disappear entirely, almost as if they never happened. Criminal convictions and even arrests that didn’t result in a conviction can haunt law-abiding citizens for years. Details about your arrest or conviction can appear in criminal background checks that could hold you back... - Published: 2023-04-10 - Modified: 2023-08-25 - URL: https://lohrkelaw.com/thank-you-for-booking-your-consultation/ The consultation is by telephone. You should have an email confirmation in your email. We will call you at the consultation time. Sometimes we run a few minutes late because a call lasts longer than expected. During a phone consultation we can usually find most relevant cases in our computer systems and give you a good idea what legal procedures are available to you and what the cost will be. We take a lot of pride in filing exceptionally complete rights restoration cases with the courts so you know your record will get fixed correctly. We look forward to talking to you. If you need to reschedule, you can do so from the calendar entry itself, from the email you receive, and by calling us at 541-357-6788 - Published: 2023-04-10 - Modified: 2023-08-25 - URL: https://lohrkelaw.com/thank-you-for-your-payment/ You should receive a receipt in your email when the transaction is processed. Please let us know if you need any assistance. Lohrke Law 541-357-6788 188 West B Street Building P Springfield, OR 97477 - Published: 2023-03-15 - Modified: 2025-08-11 - URL: https://lohrkelaw.com/audio-oregons-rights-restoration-options/ Audio: Oregon's Rights Restoration Options https://lohrkelaw. com/wp-content/uploads/2023/01/RYRQA1. mp3 - Published: 2023-03-15 - Modified: 2023-10-04 - URL: https://lohrkelaw.com/thank-you/ Thanks for contacting Lohrke Law! Thanks for contacting us! We will get in touch with you shortly. < Return Home - Published: 2023-03-09 - Modified: 2026-07-17 - URL: https://lohrkelaw.com/ What are my rights restoration options? https://lohrkelaw. com/wp-content/uploads/2023/01/RYRQA1. mp3 Oregon Expungement Attorney Restore Your Rights After a Criminal Conviction At Lohrke Law, we clean up criminal records, restore firearm rights, and restore drivers licenses all over the state of Oregon. We enjoy what we do, and we are good at it. Our pricing is geared to make rights restoration accessible. During a consultation, we will help determine your eligibility and cost. Many law-abiding citizens have criminal records that affect them later in life. Rights Restoration is the flip side of the criminal justice system. It allows people to get their rights back. It changes lives immediately. Look at our testimonials, and read our reviews to see how. Start with a Consultation During a consultation we will help you determine which rights restoration laws apply to your situation and evaluate your eligibility. A few of our services: Set Aside (Expungement)Setting aside a conviction erases it from your record. Set aside is available for most felonies and misdemeanors. Arrests that did not result in a conviction can also usually be set aside. Learn More Felony Reduction to MisdemeanorMost class C felonies can be converted to misdemeanor convictions, resulting in non-felon status. Learn More Firearm Rights RestorationAn Oregon judge can restore a person's Oregon firearm rights when that person proves he or she is not a danger to himself or others. Learn More Oregon Driver's License RestorationIf your driver's license was revoked for life, after ten years you can petition the court to... - Published: 2022-07-16 - Modified: 2022-07-16 - URL: https://lohrkelaw.com/jobs/ Lohrke Law Jobs Take a look around the Lohrke Law website to learn more about our work. We help thousands of people clean up their criminal records and move on with their lives. Our work is satisfying because we help our clients in tangible ways. Our clients are in a pretty good place in life and we help make their lives better. We have positions available for: Attorney We have positions for new and experienced attorneys. Legal Secretary This position is mostly in-office and will have a lot of contact with clients. Computer proficiency is a must. Legal experience is not stricly necessary. Paralegal We are looking for someone with extensive legal experience who is able to use Odyssey and OECI as well as interact with courts and legal profesionals. This position can potentially be mostly remote. Legal Interns Whether you are in law school or a paralegal program we would love to talk about helping you get real-world experience. Marketing Interns We have a robust web presence that we use to provide good information to anyone who is interested in Rights Restoration. We can use an intern who is interested in social media, SEO, marketing, computer progamming, radio advertising, graphic design, and other aspects of the media we use to inform people about this important work. If you are interested in working at Lohrke Law, please follow the link below to our application. If you appear to be qualified for one of our positions, we will send you a... - Published: 2022-04-08 - Modified: 2025-12-01 - URL: https://lohrkelaw.com/rights-restoration-consultation/ Consultation - Published: 2022-01-30 - Modified: 2023-08-25 - URL: https://lohrkelaw.com/web-scheduler-confirmation/ Thank you. Please check your email and confirm the consultation. We look forward to talking with you. - Published: 2021-08-10 - Modified: 2025-05-14 - URL: https://lohrkelaw.com/terms-of-service/ Please wait while the policy is loaded. If it does not load, please click here. - Published: 2020-11-27 - Modified: 2025-05-14 - URL: https://lohrkelaw.com/reviews/ Real Client Reviews of Lohrke Law Lohrke Law4. 9Based on 137 reviewspowered by Googlereview us onLisa Cunningham23:53 24 Oct 24Awesome and responsive. Honest Abe19:39 02 Oct 24After doing some of my own footwork and being granted a criminal set aside, I had a few big questions about the timing of my clearance. I was giving thorough, honest and UP TO DATE information. I was left with the confidence and instructions to finish the work in my own when the time comes. I will definitely be in touch if need be. Do some research and have the right questions for them. I appreciate your time. Chris Timmons23:34 19 Sep 24He is the best I will recommend him 1000 percent he answered all my dumb questions very professional I can't say enough how he and his crew helpedDerrick Banks22:37 23 Aug 24Great team to work with! TenFoldKarma01:48 21 Aug 24ASHLEY CRUZ20:10 19 Aug 24I live in Florida but called Jesse Lohrke with some issues with a past Oregon record and expungement that I wanted to take care of. Jesse took the time to look up my record, explain everything to me in detail, including challenges I may face, and despite being able to do it himself, thought it would be in my best interest to use another lawyer in the county of the issues since there are some unique challenges specific to Marion County. That showed me a lot about the integrity of this firm. Once I get certain things resolved, I... - Published: 2020-07-27 - Modified: 2021-12-19 - URL: https://lohrkelaw.com/driving-with-a-felony/ Driving Is a Privilege, Not a Right, in Oregon Many people treat driving as an absolute right, when it is in fact considered a privilege under Oregon law. A driver's license is proof that a person has been allowed the privilege of driving a car. In the state of Oregon, can be a violation level or criminal level offense to operate a motor vehicle without a valid driver's license, depending on whether the license that had been suspended or revoked. The consequences of driving with a suspended or revoked driver's license can be extremely expensive, and depending on the circumstances surrounding the offense, it can actually be punishable by prison time. We help people with a lot of old felony level driving while suspended cases What Is the Difference Between Suspension and Revocation? When a driver's license has been suspended, it means that the privilege to drive has been temporarily taken away. Sometimes privileges are taken away for a predetermined length of time. In other instances, an action must be taken, such as completion of a mandatory course, paying a fine, or installing an interlock device. When the right to drive has been permanently taken by way of a license revocation, there is no action that can be taken to restore that license. It may be possible to reapply for a driver's license, but in some cases the person is simply ineligible to operate a motor vehicle indefinitely. Occasionally, under specific circumstances, a hardship license may allow a person to... - Published: 2020-07-27 - Modified: 2026-05-13 - URL: https://lohrkelaw.com/rights-restoration-in-oregon/ Oregon Gun Rights Restoration What Is Oregon Gun Rights Restoration? Oregon Gun rights restoration is an option for those living in the state who have had their ability to possess a firearm revoked. One of the unfortunate consequences of a felony conviction in Oregon is the loss of your Second Amendment of the United States Constitution right to possess a firearms. Even if the conviction was an isolated event many years ago, the loss of your right to purchase and own a gun is revoked permanently, unless you explore your legal options. Thankfully, many of those who have had their gun rights removed because of a felony conviction may be able to regain those rights with the help of an Oregon gun rights restoration lawyer. The process can be facilitated alongside a qualified attorney who specializes in restoring firearm ownership rights, helping clients exercise their rights to bear arms in America. Exploring Your Options for Gun Rights Restoration in Oregon After a Felony Conviction There are several different ways to approach regaining the right to purchase and legally own a firearm after having been convicted of a felony. Experienced legal counsel can help determine if expungement, set aside, or felony reduction is the best course of action for you. Any of these methods can be attempted on their own, but are best handled alongside an Oregon gun rights restoration lawyer familiar with these matters. Generally speaking, convictions that are also not eligible for set aside or expungement may still be... - Published: 2020-07-27 - Modified: 2025-08-11 - URL: https://lohrkelaw.com/reducing-a-felony-to-a-misdemeanor-in-oregon/ How Can I Reduce My Felony To A MisDemeanor in Oregon? Facing a felony charge in Oregon can have serious, long-lasting consequences, but in some cases, it may be possible to reduce a felony to a misdemeanor through a legal process known as "felony reduction" or "reclassification. " This option is available for certain non-violent offenses and requires meeting specific eligibility requirements under Oregon law. Understanding the legal criteria and procedures involved is critical to improving your chances of success. Factors such as the nature of the offense, your criminal history, completion of sentencing terms, and rehabilitation efforts can all impact whether a judge will grant the reduction. Legal avenues such as ORS 161. 705 (commonly called "felony reduction statute") provide a framework for this process, but navigating the system often requires the assistance of an experienced Oregon expungement and rights attorney. This guide will explore how felony charges can be reduced to misdemeanors in Oregon and what steps you can take to pursue this important legal relief. What Is Felony Reduction? Felony reduction refers to the process of turning what was a felony conviction into a misdemeanor conviction. This legal process can be applied to most lower level or Class C felonies and some Class B felonies under Oregon law. Felonies can be eligible for felony reduction even years after the initial conviction. When Should Felony Reduction Be Used? Felony reduction is most useful for convictions that are ineligible for set aside or expungement. When a felony is reduced... - Published: 2020-07-27 - Modified: 2021-12-19 - URL: https://lohrkelaw.com/expunge-my-criminal-record/ If you have a record of arrest or a criminal conviction in the state of Oregon that is preventing you from getting a job, a loan, an apartment, or from having your gun rights restored, let Lohrke Law help! How Can an Expungement Attorney Help Me? When it comes to expungement, Oregon law dictates most employers cannot ask about the criminal record of a person during an initial interview for a position. However, if a background check is to be performed as a further part of the hiring process, an employer can still ask you to list arrests and convictions, and the background check itself will reveal any arrests or convictions. Background checks can also be performed for activities like participating in public school, volunteering, or working with children. A criminal record can affect housing opportunities, profesional licenses, and financial success. We Are Experts in Oregon Expungement Law At Lohrke Law, our mission is to help people find people freedom from mistakes that of the past. We take pride in using the law to help people move forward without the stigma of a felony arrest or conviction. With expungement, we can assist in possibly removing criminal records. Restrictions on Expungements Types of offenses that are not eligible for expungement include: DUII and traffic offenses Class A felonies (except those relating to marijuana) Most sex crimes, though juvenile sex offenders may be able to remove their name from the sex offender list, and some adult offenders can be eligible in specific... - Published: 2019-09-23 - Modified: 2025-08-11 - URL: https://lohrkelaw.com/illegal-taking-of-a-game-animal/ Illegal Taking of a Game Animal What if I am charged with illegally shooting a game animal? If you shoot a deer or other game animal and find yourself being investigated by the Oregon State Police or another agency, you should immediately contact an attorney. While a case can seem clear-cut, often it is difficult to establish exactly what happened out there in the woods. Your right to hunt is on the line. If you have a valid tag and shot the animal legally, you understandably will be eager to prove your innocence. Telling your side of the story is important, but that does not mean you should do it without legal representation. People often assume the trooper will agree with their account of events, only to be surprised by having the animal confiscated and criminal charges filed. Later, every statement is placed under close scrutiny as the government looks for evidence of criminal liability.   Loss of Hunting Rights If you are cited for a violation or charged with a crime, not only do you risk jail time and a fine, but also confiscation of your rifle and loss of hunting rights for at least 3 years. Even if a person takes a deal for a violation rather than a crime it will likely result in a suspension of the defendant's right to hunt. Future violations can lead to the permanent loss of your state hunting rights. Lohrke Law can help clear up past hunting violations. Rights Restoration Criminal... - Published: 2019-09-23 - Modified: 2025-08-11 - URL: https://lohrkelaw.com/false-swearing-oregon/ False Swearing Can I be charged with False Swearing after being denied a firearm purchase? In filling out any application, it is important to be truthful. However, there are times when you can struggle with the right answer because the questions is unclear, your situation has changed, or you are simply given bad advice. If you respond inaccurately to a question on a firearm or other official application, there is a chance you will be accused of the crime of false swearing. "A person commits the crime of false swearing if the person makes a false sworn statement or a false unsworn declaration, knowing it to be false. " Under ORS 162. 075, False Swearing is a Class A Misdemeanor. This charge often comes up when people attempt to purchase firearms, though it can apply in many other contexts, such as filling out an application to be a licensed hunting guide.   Firearm Purchase Denials If you are denied a firearm purchase after submitting to a background check, expect to be contacted by a trooper from the Oregon State Police (OSP). Every firearm purchase denial is investigated, though it does not necessarily result in criminal charges. Police responding to a denial are usually investigating the crime of false swearing.   Police Investigation Expect to be asked questions about your application, sometimes over the phone. The trooper will usually forward a report to the District Attorney's office if there is any suspicion that a crime has occurred. Sometimes the individual is... - Published: 2019-09-23 - Modified: 2025-08-11 - URL: https://lohrkelaw.com/domestic-violence/ Domestic Violence Charges in Oregon How Domestic Violence Charges and Convictions Can Change Everything Domestic violence charges in Oregon are complex matters that must be carefully addressed alongside a criminal defence attorney. Criminal defence attorneys who have maintained a track record of success in these matters can help protect your livelihood and explore every legal option available to lessen the consequences of these very serious crimes. These types of charges and convictions come with consequences beyond monetary fines and prison time, but also restrictions on your abilities to seek out meaningful employment, own firearms, and be an effective parent. It is in your best interests to retain the services of a qualified attorney as soon as you are charged and arrested, or in the midst of a formal investigation. Common Domestic Violence Charges in Oregon Domestic violence charges should be considered an umbrella term, as there are a variety of charges that can result from a domestic violence incident. Some of the most common charges include: Assault Menacing Strangulation Harassment Domestic violence charges are usually misdemeanours and not federal crimes. Whatever the case, all charges, whether federal or not, come with very serious repercussions Definitions of Domestic Violence in Oregon The Oregon Department of Human Services uses a wide-ranging definition for what constitutes domestic violence: "There are many definitions of domestic violence used across the Department of Human Services. Some are in statute or rule, others are definitions used in practice. All include forms of physical injury/abuse, sexual abuse or... - Published: 2019-08-27 - Modified: 2025-05-14 - URL: https://lohrkelaw.com/disclaimer/ Please wait while the policy is loaded. If it does not load, please click here. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. - Published: 2019-08-04 - Modified: 2021-08-19 - URL: https://lohrkelaw.com/case-examples/ Rights Restoration Case Examples Click on the drop-down arrows to see the results. 2016 Client, Lane County - Convicted Charges Driving under the Influence of IntoxicantsFelony 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 MisdemeanorThis 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... - Published: 2018-07-06 - Modified: 2026-07-15 - URL: https://lohrkelaw.com/attorneys/ Attorneys Jesse Lohrke I am a fourth-generation Oregonian and a veteran of the United States Navy Submarine Service. I have practiced law since since 2011. My practice has traditionally been related to criminal defense and child welfare matters. Lots of trial and court experience prepared me now to primarily focus on rights restoration cases. After years of fighting for clients rights in the criminal justice system, I now help good people get past the stigma of their criminal records. I am proud to have a law firm that helps people in substantial ways at prices they can afford. It is important for all us to fulfill our civic duty as Americans. I currently serve in the American Legion Post 3 in Eugene and on the Veterans Memorial Association board. I volunteer with the veterans legal clinic, and I serve on the legislative committee for the Oregon Criminal Defense Lawyers Association. Lohrke Law: Oregon Expungement Lawyers4. 9Based on 168 reviewspowered by Googlecraig finnegan1 month agoJesse lohrke was so awesome to work with and answered all my questions thru out the whole process. He made sure I was aware of how everything worked in the 3 different county’s. He was on it when I asked if there was anything he could do to get Multnomah county to speed up the process and he filed a motion and the judge signed it! Thank you very much and I would highly recommend him to anyone. David3 months agoSolid work A+++ Jesse erased a lengthy... - Published: 2018-07-06 - Modified: 2025-07-10 - URL: https://lohrkelaw.com/contact-us/ Oregon Expungement Attorney Lohrke Law188 West B Street Building PSpringfield, OR 97477 541-357-6788 Hours 9:00 am -5:00 pm Monday-FridaySat & Sun Closed ## Posts - Published: 2026-08-10 - Modified: 2026-08-10 - URL: https://lohrkelaw.com/eugene-sex-offender-compliance-sweep-highlights-both-registration-risks-and-opportunities-for-relief/ - Categories: Rights Restoration Oregon State Police recently conducted a sex offender compliance sweep in the Eugene area. Here’s what registrants should know about failure-to-register charges and whether they may qualify for relief from registration. On July 31, 2026, Oregon State Police and several other law enforcement agencies conducted a large sex offender registration compliance operation in the Eugene area. According to reports about “Operation Oregon Nights 4,” officers contacted registered individuals, checked reported residences, and investigated possible violations of Oregon's sex offender registration requirements. The operation is an important reminder of two very different issues facing people on Oregon’s sex offender registry: the risk of criminal prosecution for failing to comply with registration requirements, and the possibility that some registrants may already qualify to seek relief from registration. Oregon Takes Registration Compliance Seriously Oregon's reporting requirements extend well beyond simply registering once. Depending on the circumstances, registrants generally must report a change of residence within 10 days and make an annual report within 10 days of their birthday. Oregon law also contains reporting requirements involving legal name changes, employment or attendance at institutions of higher education, and planned international travel. Failure to comply can lead to a new criminal prosecution. ORS 163A. 040 covers a variety of alleged violations, including failure to make an initial report, failure to report a new residence, failure to make the annual report, and failure to provide complete and accurate information. Depending upon the particular violation and the underlying offense, failure to report can be prosecuted as either a Class A misdemeanor or a Class C felony. That matters during a compliance operation. A conversation that may initially sound like an officer is simply trying to “clear something up”... - Published: 2025-12-16 - Modified: 2025-12-23 - URL: https://lohrkelaw.com/disclosure-of-expunged-records-during-claims/ - Categories: Uncategorized Expungement is intended to remove the legal effect of a prior criminal case. This is to protect your record so that this kind of information is not included in something such as a background check. However, if you are involved in a personal injury case, can your expunged records be discussed? As a personal injury lawyer can share, these types of records may resurface in one form or another during civil proceedings. Background On Expungement Expungement typically results in your records being sealed from public view, thereby restoring your legal status as if the criminal offense had never occurred. This can range from smaller items, such as a DUI, to more serious crimes, depending on your state. Laws on what can be expunged and the process for this vary by state. Still, in general, if your records are expunged, then employers, landlords, and others are not able to inquire about these kinds of records if they ever see a note indicating that the information has been expunged. However, most states become somewhat unclear about how this information can be treated in discovery or deposition procedures, particularly as it relates to personal injuries. Discovery Versus Protections Discovery occurs when parties involved in a case exchange evidence with each other before a trial begins. Each party can gather facts, identify witnesses, and review documentation related to the case. Within a discovery, there may be a deposition in which oral testimony is given under oath with a court reporter present. The opposing counsel... - Published: 2025-12-01 - Modified: 2025-12-01 - URL: https://lohrkelaw.com/changes-to-oregon-firearm-purchasing-policy/ - Categories: Firearm Rights We have word from Oregon State Police that the agency is in the process of changing its policy back to normal after a series of trial court wins for firearm owners. The firearms unit will no longer be accessing expungement information in making firearm purchase decisions. We do not have anything in writing yet, but this information has been relayed to our group of interested firearm attorneys, and we have been seeing some transactions approved that were previously denied. On the other hand, I have still seen a recent denial that should not have happened, but it was based on a firearm rights restoration and not an expungement. We will be watching closely as this develops. It is important to note that the expungements must have been done correctly, with a final follow-up fingerprint-based background check to ensure the Computerized Criminal History (CCH) is correct. If the CCH is incorrect and still shows the expunged cases or leaves questions about dispositions, it will likely still lead to a delay or denial. What This Means To You: If you are on delay for a purchase, we hope to see those delays start turning into approvals. If you were denied illegally based on expunged cases, you should be approved now. Should You Attempt to Purchase Now I am providing this information now because this topic is of exceptional interest to so many people on this list. However, as stated above, we don’t have this policy change in writing yet. I would prefer... - Published: 2025-10-24 - Modified: 2025-10-24 - URL: https://lohrkelaw.com/why-expunged-records-still-show-up-on-background-checks/ - Categories: Rights Restoration Not all expungements are done the same. People often believe expungement or set aside means a criminal record disappears. In practice, that only happens if every version of the record is cleared. There are at least three systems that store and share criminal history, and each has its own process for adding and removing records. Unless all three are addressed, what is expected to be removed may still show up on a background check. Three Systems Where Criminal History Lives On Court records The first system is through the court records and all the records that flow from the court. This is what appears in the Oregon Judicial Department eCourt system or what a clerk can pull at the courthouse. When a judge signs an order setting aside or expunging a case, the court seals the file and removes it from public access. That order usually manages to clear the court’s records, but it does not automatically remove arrest data or entries in police and other databases. Police fingerprint-based CCH system The second system is kept by the police and generally referred to as the Computerized Criminal History, or CCH. This is the fingerprint-based criminal history kept, accessed, and maintained by law enforcement, district attorneys, and some other government agencies. Every arrest and jail booking that results in fingerprinting will create a new CCH entry, even if the case is later dismissed or never charged in court. Dismissed and no-charge arrests do not disappear from the CCH on their own... - Published: 2025-09-11 - Modified: 2025-10-24 - URL: https://lohrkelaw.com/expungement-oregon-firearm-rights-osp-denials/ - Categories: Rights Restoration 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... - Published: 2025-07-30 - Modified: 2025-10-24 - URL: https://lohrkelaw.com/important-update-on-proposed-federal-firearm-rights-restoration-process/ - Categories: Firearm Rights (July 2025) The U. S. Department of Justice (DOJ) recently published a Notice of Proposed Rulemaking (NPRM) to implement a federal procedure allowing individuals to petition for relief from federal firearm disabilities under 18 U. S. C. § 925(c). This relief process, originally created by Congress, has effectively been unavailable since 1992, when Congress ceased funding for ATF to process these relief petitions. Key Points About the Proposed Rule: Status: This procedure is currently proposed only—it has not yet taken effect and is subject to public comment and further review before finalization. Impact on Previous Actions: If you have already obtained firearm rights restoration at the state level, this proposed rule does not change or invalidate that prior restoration. It simply creates an additional federal avenue for relief that was not previously accessible. Who Should Pay Attention: Individuals with federal felony convictions who have not previously had an avenue to restore their firearm rights at the federal level should closely follow these developments. Individuals who have received state firearm rights restoration but still have concerns about their status under federal law should also carefully review this proposed federal relief option. Brief Historical Context: Historically, federal law allowed individuals with federal firearm prohibitions to apply for federal firearm rights restoration through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). However, since 1992, Congress consistently prohibited ATF from using federal funds to process these applications, effectively closing this pathway. The DOJ’s current proposed rule would reopen this federal restoration process through... - Published: 2025-05-20 - Modified: 2025-08-08 - URL: https://lohrkelaw.com/circumstances-behaviour-oregon-criminal-set-aside/ - Categories: Rights Restoration Criminal Set-Aside Services in Oregon Oregon’s criminal set-aside statute (ORS 137. 225) was recently amended in 2022 to further favor granting expungements for eligible applicants. Should an individual meet the basic eligibility criteria (e. g. enough time has passed and they “fully complied with and performed the sentence” per ORS 137. 225(1)(a)), The court “shall grant” the motion unless it finds by clear and convincing evidence that the applicant’s circumstances and behavior since the conviction create a risk to public safety . In making that public-safety determination, the court may only consider the person’s criminal behavior or certain regulatory violations (those enforced by civil penalty/administrative sanction) and only if related to the character of the conviction. Considerations For Criminal Set-Aside The court “may not consider” any nonpunitive civil liability, monetary obligations, or motor vehicle violations . These amendments codified the Oregon Supreme Court’s long-standing interpretation from State v. Langan (1986) that expungement denials must be based on unlawful conduct, not merely on moral or civil shortcomings . Under the current law, the burden is squarely on the state (usually via a prosecutor’s objection)to prove disqualifying post-conviction conduct. If no objection is timely filed, the statute directs that the court must grant the motion without a hearing. Even if a hearing is held, the applicant has no burden to prove “good” behavior – rather, the court looks for evidence from the state showing the person’s behavior since the conviction makes them a public safety risk . The Court of Appeals has... - Published: 2025-02-05 - Modified: 2025-08-08 - URL: https://lohrkelaw.com/guidelines-for-writing-letters-of-support/ - Categories: Rights Restoration Letters of support play a vital role in rights restoration cases by providing the court, district attorney, or sheriff with insight into the character and rehabilitation of the applicant. Below are key points to include and general advice for writing an effective letter: 1. Keep It Concise and Meaningful Focus on quality over quantity. Aim for one to three letters from individuals who know the applicant well. Letters should be half a page to one page in length. Ensure the content is relevant and impactful, as officials have many documents to review. 2. Who Should Write the Letters? Family members (parents, spouses, siblings), close friends, coworkers, or employers are ideal. These individuals can provide unique perspectives on the applicant’s character and behavior. Writers should have a clear understanding of the applicant’s criminal past and rehabilitation efforts, as well as the rights being restored (e. g. , firearm rights, driver’s license). 3. Content to Include in the Letter Relationship to the Applicant: Explain how you know the applicant, how long you’ve known them, and how often you interact. This establishes credibility. Knowledge of the Applicant’s Rehabilitation: Address the applicant’s growth since their conviction. Provide specific examples of their responsible behavior and why they are unlikely to reoffend. Mention any notable achievements or positive contributions to their family, work, or community. Support for Rights Restoration: Clearly state your belief that the applicant is deserving of having their rights restored. For example, affirm that they are responsible and safe to drive or own... - Published: 2025-02-05 - Modified: 2025-08-08 - URL: https://lohrkelaw.com/guidelines-for-writing-your-self-statement-of-rehabilitation/ - Categories: Rights Restoration When preparing your self-statement of rehabilitation to submit to the court, focus on demonstrating your accountability, personal growth, and the positive changes you’ve made in your life since your criminal past. This statement is your opportunity to show the court why you are deserving of having your rights restored. Below are key points to include in your statement: 1. Acknowledgement of Your Past Start by briefly acknowledging your criminal history. Show accountability by taking ownership of your past mistakes, and demonstrate insight into the poor choices you made. Avoid excuses but provide context if appropriate (e. g. , age, immaturity, or difficult circumstances). Keep this section concise; the focus should remain on your growth and rehabilitation. Example: “When I was younger, I made poor decisions that led to my involvement with the criminal justice system. At the time, I did not fully understand the consequences of my actions, but I have since taken responsibility and worked hard to become a better person. ” 2. Highlight Your Rehabilitation Emphasize the positive changes you’ve made since your criminal offense. Discuss specific steps you’ve taken to turn your life around and become a law-abiding citizen. Include details such as: Family Contributions: Talk about your role as a parent, spouse, or family member and how these responsibilities have motivated you to stay on the right path. Employment: Highlight your career or steady employment, emphasizing any promotions, achievements, or skills you’ve gained. This demonstrates stability and a strong work ethic. Education: Mention any educational achievements,... - Published: 2025-01-22 - Modified: 2025-08-08 - URL: https://lohrkelaw.com/understanding-the-delay-between-expungement-orders-and-record-processing/ - Categories: Set Aside/ Expungement When a criminal record is expunged in Oregon, the law provides that the individual can legally deny the existence of the case on a background check. However, even after the judge issues an expungement order, it may take several months for the records to be fully processed and removed from background check databases. This delay can cause confusion and frustration, especially for individuals who may be wrongfully suspended from employment due to outdated information. In this post, we'll explain the process and offer guidance for people navigating the time gap between a granted expungement order and its final processing. Why Background Checks Can Show Expunged Cases: The expungement process in Oregon begins when a judge signs the order to expunge a criminal record. However, it doesn’t happen instantaneously. The order must be processed, which can take several months. During this interim period, even though the case has been legally expunged, it may still show up on a background check. For example, a client of Lohrke Law was recently wrongfully suspended from employment after an expunged case appeared on her background check. Although the case had been set aside by the judge, it was still listed on the check because the processing had not yet been completed. Fortunately, a Lohrke Law attorney was able to help rectify this problem and the person was reinstated. Legal Rights After an Expungement Order in Oregon Under Oregon law (ORS 137. 225), once a judge enters an expungement order, the conviction, arrest, or charge is... - Published: 2024-12-19 - Modified: 2025-04-07 - URL: https://lohrkelaw.com/december-2024-update-on-oregon-state-police-firearms-issue-with-expunged-cases/ - Categories: Rights Restoration Several months ago, the Oregon State Police suddenly began denying firearm purchases for people who had expunged convictions that were once disqualifying. We contend that this is an illegal action by Oregon State Police. Many of these people had been making firearm purchases successfully for years prior to this sudden change in policy. The change in policy was not based on a change in law or even a decision of a court. It was based on a bureaucratic decision of the Oregon State Police and possibly the Federal Bureau of Investigations. Initial Victory in Court – but it does not apply to everyone There is at least one group of attorneys working on the issue, and we had an initial victory in the Marion County Circuit Court recently. However, the victory only applies to the Petitioner in that case at this point. We hope to expand the case to apply to everyone, but that is uncertain at this point. Potential Litigants Needed (If you are interested please read carefully) The attorneys working on this issue have not been able to create a class-action lawsuit at this point. Therefore, litigation of the issue is depending on individual plaintiffs who are willing to fund the litigation. Several litigants are needed to join as plaintiffs in one or two additional lawsuits. These ideal plaintiffs will be people who have had their records set aside or expunged and either have been denied a firearm purchase or would like to purchase a firearm but expect... - Published: 2024-03-19 - Modified: 2024-04-04 - URL: https://lohrkelaw.com/update-alert-oregon-state-police-not-approving-many-firearm-purchases-after-expungement-set-aside/ - Categories: Firearm Rights The Oregon State Police recently changed its policy on firearm purchases after a firearm-prohibitive case has been set aside or expunged from your record. The new policy states that the OSP understands that under federal law Oregon Set Asides do not restore firearm rights. The Oregon State Police are incorrect in this interpretation, but it is going to affect firearm purchases for the foreseeable future until this situation is fixed in the courts. This change does not affect everybody who did expungements, but people are being turned down for purchases at this point. If you were turned down for a purchase but you were legally allowed to possess firearms at the time, you can likely take legal action. Additionally, there are other ways to deal with this policy for the time being. A firearm rights restoration, for example, can override the policy as can a felony reduction in some cases. Lohrke Law recommends that people wait to make a firearm purchase if they have had firearm-prohibitive cases set aside. There is value to avoiding a purchase denial being entered on a person’s record. Nothing has Changed It is important to note that there is no change in the law. This is a bureaucratic decision that is not supported by law and will be challenged in court. What can you do now? If you are in this situation and have not been turned down for a firearm purchase, don't attempt a purchase at this point. If you were recently turned down... - Published: 2024-01-30 - Modified: 2024-03-22 - URL: https://lohrkelaw.com/can-felons-own-black-powder-guns-in-oregon/ - Categories: Firearm Rights Understanding gun ownership laws, especially for felons, can be complex, with variations across different states. In the state of Oregon, unique considerations come into play when discussing whether felons can own black powder guns. Here, we will clarify Oregon's stance on the issue, providing detailed insights into the legal nuances of black powder gun ownership for felons. We also delve into the options available for rights restoration in Oregon for those who wish to regain their firearm privileges. Keep reading to learn more. What Are Black Powder Guns? Black powder guns, also known as muzzleloaders or black powder firearms, are antique weapons that use a gunpowder-based propellant to shoot projectiles. Black powder guns propel heavy projectiles at relatively low speeds. Unlike modern firearms, black powder guns don't use a primer to ignite the fuel. Instead, they use a flintlock ignition system, which fires a spark to ignite the powder. Black powder is a low-explosive substance of saltpeter, sulfur, and charcoal. You do not need a federal explosives license or permit to buy and use commercially produced black powder as long as it is under 50 pounds and intended for use in antique firearms or devices. Can Felons Own Black Powder Guns in Oregon? Under Oregon Revised Statute (ORS) 166. 250 and ORS 166. 255, individuals with felony convictions are prohibited from acquiring, possessing, or owning firearms in Oregon. This includes all types of firearms, including black powder guns. According to ORS 166. 270, individuals convicted of a felony in this... - Published: 2024-01-30 - Modified: 2024-07-05 - URL: https://lohrkelaw.com/can-a-felon-live-with-someone-who-owns-a-gun-in-oregon/ - Categories: Firearm Rights In the state of Oregon, the interplay of firearms possession rights and previous felony convictions can be incredibly complex. Navigating these regulations is often a challenging task, not least for ex-felons considering living with someone who owns a gun. Such a scenario's legal implications and potential risks require careful consideration and understanding. We will explore the laws and regulations governing felons living with gun owners in Oregon and provide some practical tips for those navigating this complex legal landscape. Continue reading if you or someone you know is an ex-felon interested in living with a gun owner in Oregon. Understanding Firearm Possession Laws in Oregon Before delving into the specific regulations governing felons living with gun owners, it is essential to have a general understanding of Oregon's firearm possession laws. These laws dictate who can possess and carry firearms within the state's boundaries. In Oregon, firearm possession is regulated by state and federal laws. According to federal law, individuals with felony convictions are not allowed to possess firearms. Additionally, those who are awaiting trial on felony charges are also prohibited from receiving firearms. Additionally, individuals with restraining orders or convictions related to domestic violence are prohibited from owning firearms. State law in Oregon echoes these restrictions, and therefore, felons are generally prohibited from possessing or carrying firearms within the state's boundaries. There are other restrictions as well such as having a bad conduct discharge from the military, being a user of illegal drugs, and having been adjudicated mentally defective. Background... - Published: 2024-01-03 - Modified: 2024-01-03 - URL: https://lohrkelaw.com/oregons-new-expungement-law-two-years-in/ - Categories: Set Aside/ Expungement Oregon Senate Bill 397 has helped thousands of people obtain the benefits of expungement, but some technical problems still need fixed. Oregon's Expungement Evolution: What you Need to Know In January 2022, Oregon's expungement law, ORS 137. 225, underwent significant changes with the enactment of Senate Bill 397. This legislation, passed with strong bipartisan support, aimed to enhance accessibility by eliminating filing fees and reducing eligibility waiting times. While the new law has largely succeeded in making expungement more attainable, challenges such as extended processing times of nearly two years in some counties and inconsistent outcomes persist. In this exploration of Oregon's expungement landscape, we will examine the impact of Senate Bill 397, its implications for accessibility and justice, and the continuing hurdles within the state's expungement process. Expungement Eligibility Timelines Before 2022, individuals in Oregon faced a lengthy waiting period, often called the 'good time' period, of ten years with no convictions before becoming eligible for expungement. This period was calculated using a complex formula and proved confusing for many applicants and lawyers. In simple terms, having two convictions led to a decade-long waiting period. With the implementation of Senate Bill 397, expungement timelines have been significantly reduced for most people. For example A-level Misdemeanors and C-level Felonies, the most common cases for expungement, now require just a three-year or five-year 'good time' waiting period, respectively. For instance, someone with two theft in the first-degree convictions (a C Felony) now needs to wait five years to expunge both charges,... - Published: 2023-09-13 - Modified: 2025-08-11 - URL: https://lohrkelaw.com/civil-rights-restoration/ - Categories: Rights Restoration Civil rights are often taken for granted, but what are civil rights? At their simplest level, they are the basic rights of citizens, which, if infringed upon, can give rise to a legal remedy. More concretely, they’re the things you can do as a member of society, such as the right to participate in society via voting, the right to speak freely regardless of your viewpoint, the right to associate with whomever you please, or the right to possess a firearm for lawful purposes, just to name a few. What does it mean to have your civil rights restored? Essentially, it means regaining the ability to participate fully in civic life, which includes voting, serving on a jury, holding public office, and owning firearms. Civil rights are vital to a functioning society; in a sense, civilization is what you get from the interlocking rights of individual citizens, and the obligations of other citizens and the government to avoid violating those rights. Sometimes, where those rights come into conflict, one of them must yield to another, and the rule of law is what defines the outcomes in those cases. These rights are not absolute; under some circumstances, society can withdraw or sharply limit your rights. In Oregon, you lose several important civil rights upon being convicted of a felony, or even some misdemeanors. The Problem: Loss of Civil Rights After Felony Conviction After being convicted of a felony, several rights are lost - some temporarily, some permanently. If the felony results... - Published: 2023-09-08 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/unlocking-opportunities-seven-transformative-benefits-of-expunging-your-criminal-record/ - Categories: Rights Restoration The most immediate and tangible benefit of expunging a criminal record is the increased access to employment opportunities. With the majority of employers conducting background checks on potential hires, a criminal record can often be a roadblock to securing meaningful employment. In a society that values second chances and the possibility of redemption, the process of expunging a criminal record stands as a beacon of hope for countless individuals who have made mistakes in their past. While one's criminal record can cast a long shadow, hindering opportunities for employment, housing, education, and more, expungement offers a fresh start and a chance to rebuild one's life. Read on and delve into the myriad benefits of expunging a criminal record, both for individuals and the communities they rejoin. Employment Opportunities The most immediate and tangible benefit of expunging a criminal record is the increased access to employment opportunities. With many employers conducting background checks on potential hires, a criminal record can often be a roadblock to securing meaningful employment. Expungement can level the playing field by allowing individuals to present themselves as more than their past mistakes. Studies have shown that individuals with expunged records are significantly more likely to find stable employment, which not only benefits them personally but also contributes to the overall economic well-being of the community. A gainfully employed individual is less likely to return to a life of crime, thus reducing recidivism rates. Improved Housing Prospects Securing safe and stable housing is another essential aspect of rebuilding one's life after a criminal conviction. Many landlords and property management companies conduct background checks on prospective tenants, making it difficult for those with criminal records to find suitable housing. Expunging a criminal record can open doors to better housing options,... - Published: 2023-05-11 - Modified: 2025-12-23 - URL: https://lohrkelaw.com/navigating-open-arrests-firearm-purchase-delays-oregon/ - Categories: Rights Restoration When navigating the world of firearm purchases, one might come across unexpected roadblocks that can create frustrating delays. In Oregon, one such obstacle is known as an 'open arrest. ' This situation can be especially problematic when it causes delays in the purchase of firearms. What is an Open Arrest? An open arrest occurs when a person is cited or arrested for a crime, and the charging information is transmitted to the Oregon State Police to be documented in the individual's criminal history. The issue arises when, if these charges are later dismissed or never filed in court, the criminal history isn't updated to reflect this. Consequently, this unresolved status - the open arrest - can cause a delay if the charges were for a firearm prohibiting crime such as a felony or misdemeanor crime of domestic violence, or even just a crime that could have had a probationary sentence in the last few years. How Open Arrests Impact Firearm Purchases The Oregon State Police, when encountering an open arrest, will often delay a firearm purchase while they research the case. This procedure does not always leverage the available court computer system (OECI) to more quickly determine the case's outcome. Instead, a more tedious process of ordering records is used, which can significantly prolong the wait times. Once the records arrive, they must be read, interpreted, and a decision made - a process that can take anywhere from a few months to over a year. Identifying an Open Arrest on... - Published: 2023-05-11 - Modified: 2024-10-31 - URL: https://lohrkelaw.com/choosing-an-expungement-lawyer-in-oregon/ - Categories: Rights Restoration Discover the five crucial considerations when selecting an expungement lawyer in Oregon. From conducting thorough background checks to fostering relationships with key agencies, find out what sets apart the best in the field. Ensure your record is fully cleared with the right legal assistance. The process of expungement - or clearing a criminal record - can be complex and intricate, requiring a nuanced understanding of state and federal law, as well as a keen ability to work with various law enforcement agencies and the court system. If you're seeking an expungement in Oregon, it's critical to choose an attorney with the right experience and expertise. Here are five things you should consider before hiring an expungement lawyer: Comprehensive Background Investigation First and foremost, a competent expungement lawyer should conduct a thorough background investigation. Ideally, this investigation should be performed through the Federal Bureau of Investigation (FBI). The information obtained through such a comprehensive check can ensure the expungement process is as thorough and effective as possible, leaving no stone unturned in seeking to clear your record. Meticulous Court Order Proposals Your expungement lawyer should also be capable of submitting a meticulously detailed proposed order to the Court. It's not enough to include just the basic information required by the statute; the proposed order should contain all relevant case details. The agencies that process these orders won't remove what isn't explicitly ordered by the court, so it's crucial that your lawyer ensures that every piece of pertinent information is included in the court pleadings. Timely Confirmatory Background Checks Upon completion of the expungement process, your lawyer should order a confirmatory background check - but timing is crucial here. The check should be completed long enough after the judge signs the expungement order to give the... - Published: 2023-04-06 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/top-ten-reasons-to-expunge-your-criminal-record/ - Categories: Rights Restoration Cleaning up your criminal record offers many opportunities, in many areas of your life. 1. Adoption/Foster care A criminal record can bring plans to adopt or foster a child to a screeching halt. State laws prohibit a person from adopting or fostering a child if they have been convicted of certain offenses – but what isn’t commonly known is that an incomplete criminal record can be a stumbling block as well. Arrests that occurred within a certain timeframe, or arrests that occurred at any point in your life for certain charges, will almost certainly affect your application to adopt or foster, because the agency will need to research your record to determine what the outcome of the arrest was. In some instances, it’s quicker to go through the process to set aside your record than to go through the process of waiting for the State to research your record. 2. Child Custody and Parenting Time A criminal record, even if it only amounted to an unsubstantiated report by your local law enforcement agency, may be admissible during child custody and/or parenting time proceedings. Even if nothing went any further than that report, you may be able to get the report itself sealed. 3. Employment – Obtaining or Advancing The diversity of policies held by employers is simply too extensive to cover in this blog post, but one thing is for certain – most employers request a background check on prospective employees. Often, felony convictions will take your application out of... - Published: 2023-04-06 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/the-value-of-an-expungement-order/ - Categories: Rights Restoration The value in setting aside your criminal record is difficult to quantify, but the rewards are undeniable. When it comes to getting your criminal record cleaned up, or “set aside” (while not technically correct, the common term here in Oregon is “expunged”), there are a few ways to do it – and there are more reasons to do it than we can count. Whether you’re looking for employment, eager to take your grandkids hunting, anxious to shed the public stigma of being a convicted felon, or you just want the peace of mind that comes with knowing you’re leaving a powerful legacy to inspire your great grandkids, we can help. Everyone has their own personal reason for wanting to clean up their criminal record, and each reason is personal – intimate, even. Maybe you know what your reason is; you know what’s driving you to get that signed order, an order that gives you the legal right to deny the incident ever happened. You don’t need a minute to think about it, to ponder what benefit might come from getting your record sealed. You already know and you’re raring to make it happen. Or maybe you don’t dare to speak the reason into existence, for fear that if the words leave your lips, you’ll be judged, shamed, or invalidated. You’ve carried the weight of your convictions for so long and you don’t think you could bear to express hope only to have it yanked away from you. What took place... - Published: 2023-04-05 - Modified: 2025-11-14 - URL: https://lohrkelaw.com/do-oregon-background-checks-show-out-of-state-convictions/ - Categories: Rights Restoration, Set Aside/ Expungement In Oregon, background checks are done by most employers to ensure that the person they're hiring wasn't convicted of a criminal offense before or doesn't have a warrant out for their name. It's a part of everyday life to fulfill your basic needs. So whether you're applying for work or looking for housing, you must wonder, "do background checks show out of state convictions? " Find more information here. Do Background Checks Show Out of-State Convictions in Oregon? The answer is yes and no. It depends on the type of background check performed and the information requested from the state or other sources. If an employer requests a background check from the Oregon State Police, they will only receive information about any criminal convictions in Oregon. However, if they request a more comprehensive background check from a third-party vendor, they will receive a report that includes out-of-state convictions. It could consist of any criminal offenses committed in other states or federal offenses. Do Out Of State Warrants Show Up On Background Checks? When it comes to warrants, the answer is again yes and no. It highly depends on who's checking and the type of background check done. But since civilians can access this information, it's best to assume they can be found. However, some states do not report warrants to third-party vendors or the national criminal database. So this means that even if a background check is done, it may only show up if the warrant has been reported. Anyone... - Published: 2022-11-14 - Modified: 2024-05-07 - URL: https://lohrkelaw.com/can-i-teach-with-a-felony-conviction-in-oregon/ - Categories: Felony Reduction, Rights Restoration - Tags: felony, license, Rights Restoration, teaching Like many other states, Oregon is experiencing a teacher shortage. With schools struggling to hire and retain qualified people to educate our kids, it may seem like the perfect time to pursue a teaching career. But, the staffing issues at many Oregon schools haven't changed the state licensing requirements, which can be quite stringent. In fact, Oregon law contains a long list of convictions that will disqualify someone from receiving an Oregon teaching license, or related licenses and registrations such as an administrative license, personnel service, or registration as a public charter school teacher or administrator. And, even convictions for crimes that aren't on the list can be an obstacle to getting a teaching or related license. Convictions That Disqualify You from Getting an Oregon Teaching License Crimes that may disqualify you from receiving an Oregon teaching license or one of the related licenses or registrations listed above fall into two categories. Those convicted of crimes on the first list are categorically disqualified from receiving the license. This list includes mainly crimes of violence, sex crimes, certain drug crimes, and violation of statutes intended to protect children. They include: Aggravated murder, murder in the first degree or murder in the second degree Assault in the first degree Kidnapping in the first degree Rape in the first, second, or third degree Sodomy in the first, second, or third degree Unlawful sexual penetration in the first or second degree Sexual abuse in the first, second, or third degree Online sexual corruption of... - Published: 2022-10-25 - Modified: 2024-06-07 - URL: https://lohrkelaw.com/are-gun-rights-automatically-restored-after-fifteen-years-oregon/ - Categories: Firearm Rights, Rights Restoration - Tags: Convictions, Firearm Rights Restoration For years it was believed by many that Oregon law automatically restored a non-violent felon’s firearm rights fifteen years after the end of their sentence. That argument is now legally dead after the Oregon Supreme Court upheld the conviction of Michael Burris for felon in possession of a restricted weapon. Mr. Burris’s attorneys argued that Oregon Revised Statute (ORS) 166. 270 contained an exception to the felon in possession of a firearm statute for non-violent felons with a single felony conviction who are fifteen years past their sentence, and that the exception applied to Mr. Burris. However, the court ruled that another law, ORS 166. 250, allowed Mr. Burris to be convicted of the misdemeanor crime of felon in possession of a restricted weapon, despite qualifying for the exception in ORS 166. 270. A century ago, the first restriction was introduced regarding felons possessing firearms. In 1925, the predecessor to the firearm statutes was a law restricting concealed carry of firearms without a license and restricting felons from possessing concealable weapons. In 1953 Oregon renumbered the laws of the state, and different provisions of the 1925 firearms act ended up in different statutes, including ORS 166. 250 and ORS 166. 270. In 1975 ORS 166. 270 was amended to add the fifteen-year restoration provision. It still banned ‘concealable firearms’ and was the only ban in Oregon statute at the time that limited a person’s firearm privileges based on their criminal record. Restoration of firearm rights was automatic for eligible people.... - Published: 2022-08-12 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/expungement-lawyer-and-rights-restoration-in-bend/ - Categories: Uncategorized - Tags: affidavit, expunge conviction, expunge felony, Expungement, expungement cost, free expungement, free expungement oregon, motion, set aside charges, set aside conviction   If one or more felony convictions that happened years ago continue to make your life difficult, there may be solutions to your problem. Oregon law includes several options for people who wish to clear their name-and their legal record. If you've stayed out of legal trouble long enough, a process called "set aside," more commonly known as expungement, may be a great option. This legal process seals the records of your criminal arrest or conviction. Afterward, the record will no longer exist. You can lawfully deny the conviction or arrest ever occurred. This process can even be inexpensive, and many parts of expungement are actually free. Before you get started, there are some factors you'll want to consider. What is Expungement? A criminal record can haunt you for years and even decades. It shows up on background checks when you're trying to rent a home or get a loan. Job searches become much more difficult when potential employers can gain easy evidence of your conviction. Expungement seals the record of your conviction or arrest. Background checks won't be able to find it anymore. Not only does it improve your career prospects and financial security, but you'll also find new opportunities available to you. After a successful felony expungement, you can usually volunteer with more organizations, help out at your child's school, or even adopt with greater ease. Rules of Eligibility Expunging a felony is meant to give people a second chance at being responsible citizens. Oregon's legal system does... - Published: 2022-08-12 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/expungement-lawyer-and-rights-restoration-in-portland-oregon/ - Categories: Uncategorized - Tags: affidavit, expunge conviction, expunge felony, Expungement, expungement cost, free expungement, free expungement oregon, motion, set aside charges, set aside conviction Being convicted of a crime is a serious matter, one that will have consequences for the rest of your life. It will stay on your personal criminal record, and it can cause you to lose or have restricted some of your rights, such as the right to buy and own a firearm, or the right to apply for and work certain jobs. However, while you can't ever get your record completely wiped clean, by working with an expungement lawyer, there are things you can do to limit the impact of your conviction and perhaps even get your rights restored. Residents of the Portland area, if you need help with expungement-related cases, look no further than Lohrke Law. Our experienced attorneys are here to help you get your rights back.   Services Provided by Lohrke Law: By specializing in expungement related litigation, as well as other criminal defense cases, we are able to offer the following services: Expungement Lawyer If you are looking to lessen the impact of a past conviction on your rights, then the first thing you will want to consider is filing for an expungement. When a conviction is expunged, or, in Oregon, "Set Aside," then it is removed from public records. It will not show up on your personal criminal record, and you can legally deny ever having been convicted. To be clear, an expungement does not erase your conviction. It just dramatically restricts who can access it, and it often requires someone to go through the... - Published: 2022-08-12 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/expungement-lawyer-and-rights-restoration-in-coos-bay-oregon/ - Categories: Uncategorized - Tags: affidavit, expunge conviction, expunge felony, Expungement, expungement cost, free expungement, free expungement oregon, motion, set aside charges, set aside conviction   If one or more felony convictions that happened years ago continue to make your life difficult, there may be solutions to your problem. Oregon law includes several options for people who wish to clear their name-and their legal record. If you've stayed out of legal trouble long enough, a process called "set aside," more commonly known as expungement, may be a great option. This legal process seals the records of your criminal arrest or conviction. Afterward, the record will no longer exist. You can lawfully deny the conviction or arrest ever occurred. This process can even be inexpensive, and many parts of expungement are actually free. Before you get started, there are some factors you'll want to consider. What is Expungement? A criminal record can haunt you for years and even decades. It shows up on background checks when you're trying to rent a home or get a loan. Job searches become much more difficult when potential employers can gain easy evidence of your conviction. Expungement seals the record of your conviction or arrest. Background checks won't be able to find it anymore. Not only does it improve your career prospects and financial security, but you'll also find new opportunities available to you. After a successful felony expungement, you can usually volunteer with more organizations, help out at your child's school, or even adopt with greater ease. Rules of Eligibility Expunging a felony is meant to give people a second chance at being responsible citizens. Oregon's legal system does... - Published: 2022-07-25 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/lohrke-law-hosts-expungement-class-for-criminal-defense-lawyers/ - Categories: Rights Restoration Attorney Jesse Lohrke, and Lohrke Law Set Asides Manager, Cherlyn Prescott, on Friday July 22, 2022, presented a one-hour Continuing Legal Education (CLE) webinar to more than seventy members of the Oregon Criminal Defense Lawyers Association. The purpose of the presentation was to help Oregon lawyers who file expungements ensure they file fully clean up the records they are attempting to expunge. 'The problem is that if a lawyer submits only the required information for an expungement, there will likely be information about the conviction that remains on the client’s criminal history. What we need to do is ensure the expungement orders that judges sign provide to agencies, including Oregon State Police, all of the information they need to fully remove all entries about the arrest, conviction, and related entries,' said Cherlyn Prescott. Ms. Prescott spent many years with the Oregon State Police as a subject matter expert in set asides and the criminal justice information services (CJIS) before moving to Lohrke Law. At the CLE she presented detailed information about the criminal records generated in a criminal case from a CJIS perspective. She suggested that lawyers in Oregon model their set asides orders on the orders that she helped Lohrke Law develop. ‘The criminal defense bar needs to be on the same page, and we need make sure Oregon State Police fully process expungements for our clients,’ said Jesse Lohrke during the seminar, ‘but to do that, we have to give the agencies all of the information they need... - Published: 2022-06-01 - Modified: 2024-05-07 - URL: https://lohrkelaw.com/expungement-is-good-for-everyone/ - Categories: Set Aside/ Expungement - Tags: benefits of expungement, Expungement, Expungement Laws, felony expungement, is expungement good, Oregon It won't come as any surprise that expunging a criminal record benefits the person whose record is cleared. It's also not much of a stretch to see how that step is beneficial to that person's family. After all, eliminating the barriers created by a criminal record can mean: Better employment opportunities Higher wages Better access to housing Removing barriers to full engagement in family life An end to the social stigma and anxiety that comes with a criminal record While this list includes some of the most common benefits of expunging a criminal record or reducing felonies to misdemeanors, it is important to note that there are other negative effects of a criminal conviction. These effects vary depending on the nature of the charge and whether the conviction is a felony or a misdemeanor, among other factors. The National Inventory of Collateral Consequences of Conviction (NICCC) lists more than 1,000 possible collateral consequences of Oregon criminal convictions. Opponents of expungement opportunities like those offered in Oregon suggest that the benefit to the convicted person comes at a cost to society. But, the data does not support that conclusion. In fact, wider availability and use of the expungement process can have a positive impact for all of society. Community Benefits of Expungement Economic Benefits A 2020 research report from the Brennan Center for Justice revealed that those who have been convicted of felonies but never incarcerated experienced, on average, a 22% decline in annual income. Those with misdemeanor convictions who never... - Published: 2022-03-17 - Modified: 2025-11-14 - URL: https://lohrkelaw.com/getting-hired-with-a-felony-conviction/ - Categories: Felony Reduction, Rights Restoration - Tags: applying to job with felony, Convictions, employment with felony, state of oregon, unlicensed jobs In one survey of employers, just 40% said they would definitely or probably hire someone with a criminal conviction. The state of Oregon recognizes that a criminal conviction can create serious obstacles to rebuilding your life. One of the most significant is the difficulty in securing employment-especially good-paying employment-after a felony conviction. That's why Oregon has a "ban the box" law prohibiting most employers from asking about criminal convictions on a job application or at any point before the interview stage. In some cities, the restrictions are even stricter. The law is a step in the right direction. But, for most people with criminal convictions, it doesn't solve the whole problem. For example: Some convictions disqualify a person from holding certain types of positions, or from receiving certain licenses in Oregon At or after the first interview, most Oregon employers are free to ask about criminal convictions Here's what you need to know about Oregon criminal convictions and employment. Barriers to Employment with a Criminal Record Disqualification from Licensing or Employment in Oregon Though Oregon law provides some protections for people with criminal convictions who are seeking employment, state law also creates barriers for some. For example, criminal convictions must be disclosed in many types of licensing applications. But, both the process and the impact of a criminal conviction vary depending on the type of license you're pursuing. For instance, there is a long list of criminal convictions that will disqualify a person from obtaining a teaching license, or other school-related license, in Oregon. The list includes many crimes of violence, sex crimes, and drug crimes. Failure to disclose... - Published: 2022-01-25 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/pendleton-expungement-lawyer/ - Categories: Rights Restoration, Set Aside/ Expungement - Tags: Expungement, Oregon, Pendleton, Rights Restoration When you're convicted of a crime, there are a number of consequences. In addition to whatever sentence you must serve, your personal criminal record is updated to include your conviction. Depending on the crime, it may stay on your record forever. It can cost you access to certain rights, such as the right to own a firearm or the right to drive a car. However, there are things you can do to change your situation- the first is to hire Lohrke Law to be your rights restoration lawyer. Together, we can pursue several different avenues to have your status changed and restore your rights. Whether it is expungement, reduction, or a petition to restore lost rights, Lohrke Law can help you choose the best option. Rights Restoration Services Provided by Lohrke Law When you hire Lohrke Law to be your rights restoration lawyer, here's what we can do to help change your legal status and get your rights back: Expungement Lawyer Our first and most preferred course of action is to file for an expungement, legally referred to as a set aside. An expungement removes an arrest or conviction from your record and allows you to deny that it occurred. This will allow you to legally deny having been convicted of a crime (or even arrested) when going to purchase firearms, apply for certain jobs, or petition for anything else that requires you have no prior criminal record. If your expungement is completed thoroughly by an experienced rights restoration attorney,... - Published: 2021-07-21 - Modified: 2025-12-23 - URL: https://lohrkelaw.com/how-do-background-checks-work-in-oregon/ - Categories: Rights Restoration - Tags: background checks, civilian databases, Clear my record, country records, criminal background, Criminal Justice Information Services (CJIS) Division, Criminal Records, LEDS, National Instant Criminal Background Check System, NCIC, NICS, screening methods From renting an apartment to securing employment, background checks are a part of everyday life. However, if you have a negative mark on your background, you could have trouble even meeting the most basic needs. If you have wondered how a modern background check works in the state of Oregon and what you can do to correct information, here are a few tips. What Is a Background Check? Background checks give a detailed look into the life of an individual. These checks are run for various reasons, including employment, rental history, and criminal activities. This type of background information looks at the person's past, and rightly or wrongly is used to determine the reliability of the individual. What Does a Criminal Background Check Show in Oregon? With a candidate's criminal record, background checks indicate whether a person has an arrest or conviction. These screening methods might also look at a person's driving record or whether they are a registered sex offender in the state. Oregon Civilian Databases Several types of background checks can be accessed by the public (or civilians) in the state. Many of those companies that offer background checks will search through those publicly available files, including local, county, state, and federal records. These checks often look for: Arrests Convictions of misdemeanors and felonies Court records Sex offenses Warrants Prison records Some private companies will pull state and local records for their own type of criminal check. Many of these databases are not comprehensive, but the general public... - Published: 2021-07-16 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/changes-to-oregon-expungement-law-eligibility/ - Categories: Set Aside/ Expungement - Tags: Class B Felony Expungement, Delivery of a Controlled Substance, drug felony, Or egon expungement timelines, Oregon expungement eligibility, Oregon expungement waiting period, Oregon set aside eligibility, ORS 137.225, Senate Bill 397 Oregon expungement law has seen some dramatic changes in the past few years. Senate Bill 397 took effect January 1, 2022. It reduces most set aside timelines and has a profound effect on overall eligibility. Previously having multiple convictions, even if they were from the same case, resulted in a requirement to wait for 10 years. Now, however, expungement of eligible Class B felony convictions is possible after just seven years, with even shorter required periods for lower-level crimes, even when there are multiple convictions at issue. Here are the most important changes to Oregon expungement law: Cost Reduction of at least $281 per case by elimination of court filing fees. Non-person Class B Felonies are eligible to be set aside after seven years with no convictions. Class C Felonies are eligible to be set aside after five years with no convictions. Class A Misdemeanors are eligible to be set aside after three years with no convictions. Class B and C Misdemeanors, Contempt of Court, and violations are eligible to be set aside after one year with no convictions. Many Class B Felony Convictions can now be Set Aside! Drug offenses are the most significant category of Class B Felony convictions that are now eligible for expungement. These convictions are now eligible seven years after an individual's last conviction. These offenses include Manufacture or Delivery of a Controlled Substance and Aggravated Identity Theft. Before Senate Bill 397 took effect, these convictions could not be set aside until twenty years had... - Published: 2021-06-25 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/get-your-drivers-license-reinstated-after-a-lifetime-revocation-oregon/ - Categories: Driving Rights - Tags: driving privileges, eligible for reinstatement, license reinstatement program oregon, license suspension oregon, Oregon dmv reinstatement fee, Oregon drivers license reinstatement program, permanently revoked, restore your license, revoked for life, Suspended license oregon In the state of Oregon, certain criminal convictions can lead to the permanent revocation of your driver's license. For example, a third DUI conviction or felony DUI are the most common reasons for a permanent, or lifetime, revocation. When your driving privileges are revoked, it has an impact on your day-to-day activities, such as traveling to work, picking up your children, or completing daily tasks. Fortunately, there are ways to restore your driving privileges in Oregon. It helps if you have the help of an experienced lawyer. Lifetime Drivers License Revocation in Oregon In Oregon, lifetime revocation of driving privileges is most commonly the result of repeated DUII convictions. However, there are certain criminal convictions that may also result in revocation. This includes crimes like Assault in the First degree and Criminally Negligent Homicide, when involving a motor vehicle. The state's legal framework, particularly under ORS 809. 409, outlines the serious vehicular-related offenses that warrant permanent revocation.   Restoration of a Permanently Suspended Drivers License in Oregon After your driver's license has been revoked for life, you might think that is the end of the story. However, under certain circumstances, you could be eligible for reinstatement after a period of 10 years. Some factors could affect the timing of your eligibility, such as: Probation Revocation Conviction Date Subsequent vehicle-related convictions Date released from Parole or Post Prison Supervision Oregon Revised Statute 809. 235 outlines the requirements and process for reinstatement, which will also be discussed further in this post. For... - Published: 2021-06-11 - Modified: 2022-12-19 - URL: https://lohrkelaw.com/get-off-the-sex-offender-registry-in-oregon-juvenile-offenders/ - Categories: Felony Reduction Juveniles who are adjudicated for sex offenses in the state of Oregon are minors under the age of 18 that have committed a sexual offense, usually against another minor. Before August 2015, many juveniles adjudicated for sex offenses were placed on the sex offender registry for life. Juveniles are still being placed on the sex offender registry if a judge does not agree they proved by clear and convincing evidence they completed treatment and are rehabilitated. Being a registered sex offender negatively impacts your life for as long as you're on the list. Your juvenile delinquency case becomes more visible and might be seen by potential employers, landlords, and peers. If you fail to register, you will face felony charges. Research shows that registration leads to negative outcomes. However, with the help of the experienced lawyers at Lohrke Law, we can file a petition for relief from sex offender registration in Oregon. If you are registering because of an Oregon juvenile offense and can prove you are not a risk to the public, you should consider requesting relief. We believe in this work and our costs are reasonable. Should I use a lawyer to petition for registry relief? Registration in Oregon is for life unless you are granted relief. With a successful petition, the annual visits to the State Police are over. Our clients go on to live the lives they want. We are experienced at petitioning not only for relief, but for alternative adjudication. This means that your adjudication... - Published: 2021-01-31 - Modified: 2023-10-02 - URL: https://lohrkelaw.com/expungement-eligibility-timeframes/ - Categories: Set Aside/ Expungement - Tags: Convictions, Expungement, Felonies, Oregon, Set Aside How Long Do I Have to Wait to Expunge or Set Aside a Conviction in Oregon? Senate Bill 397 took effect last January 1, 2022, in which the Senate created new provisions regarding the set-aside and expungement timeframe every eligible offender must consider. In other words, the eligibility wait times for felonies and misdemeanors have drastically improved. With these changes, how long does it take to qualify for expungement in Oregon today? Notable changes: Timelines for set aside and expungement eligibility were significantly reduced. Filing fees were eliminated in all Oregon courts. It's worth noting that the process isn't entirely free, as you still have to pay $80 to the Oregon Department of State Police to perform a criminal background check. With that said, below are recent changes in the expungement and set aside wait times every offender should know. How Long Does a Felony & Misdemeanor Expungement Wait Time Take? Felony and misdemeanor offenders have varied wait times for expungement or set-aside eligibility. For instance, it will depend on the severity of their charges and whether they receive a conviction within the timeframe. Below is a simple rundown: Offenders with Non-person Class B Felonies become eligible for expungement or set aside after seven years. Class C Felonies qualify for expungement after only five years. Offenders with Class A Misdemeanors must wait three years before being eligible. Individuals with Class B and C Misdemeanors, a violation or a finding of contempt of court, become eligible after only one year. Arrests... - Published: 2021-01-31 - Modified: 2023-10-05 - URL: https://lohrkelaw.com/judges-and-setting-aside-or-expunging-convictions-in-oregon/ - Categories: Set Aside/ Expungement - Tags: Convictions, Expungement, Felonies, Judges, Oregon, Set Aside Must I Appear Before a Judge to Set Aside a Conviction? If you or your expungement attorney properly investigated your case, there should be no need to appear for a hearing before a judge. A set aside in Oregon is fairly black and white. You are eligible for expungement or you are not. It is a waste of your time and money to apply for a set aside if you are not eligible. The only purpose for a hearing is for a prosecutor or district attorney to explain to the judge why you are not eligible. We regularly receive phone calls from people who had a hearing set after they attempted to do their own expungements. Without fail, as soon as we looked into their cases, they were not yet eligible for expungement. They are needlessly out more than $350 in fees that could have been saved, had they called us first. If you apply to set aside cases that are eligible, there will generally not be a hearing before a judge. The motion will usually be granted once the prosecutor or district attorney informs the judge they have no opposition to the request. Can A Judge Deny a Motion to Set Aside or Expunge? Oregon has a strong legislative and caselaw history that favors granting expungement or set aside motions for eligible convictions. Judicial discretion is limited. Importantly, a judge cannot consider the nature or seriousness of the conviction that is being set aside. Judges determine only whether or... - Published: 2021-01-31 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/expunging-or-setting-aside-convictions-in-oregon/ - Categories: Rights Restoration, Set Aside/ Expungement - Tags: Convictions, Costs, Court Fees, Criminal Records, Expungement, Expungement Laws, Felonies, Oregon How Soon Should I Petition to Expunge or Set Aside? They say a bird in the hand is worth two in the bush, and this is never truer than when taking steps to have your rights restored. Pursuing a felony expungement or setting aside a conviction should be undertaken as soon as possible because laws and circumstances can change. Simply put, we should act quickly when working toward expungement of an arrest or a conviction because none of us really know what may go wrong if we delay. Limit the Reach of Your Conviction One of the reasons for conviction expungement is to minimize the number of people who can access the information for purposes of employment. It is important to remember that setting aside a conviction does not rewrite history. The information can still exist in some databases. Therefore, once eligible, the sooner you can clear up your criminal record through legal expungement, the less likely that the conviction will one day come up on an employer's computer screen. Clean up Your Record in Case You Become Ineligible All criminal defense and expungement attorneys have stories of clients who fared poorly in court because of a previous conviction that hadn't been cleared up. If a person should be arraigned on new criminal charges before previous charges have been expunged, those former convictions are no longer eligible for expungement and can now be used against a defendant in trial and at sentencing by establishing a pattern of criminal behavior. No... - Published: 2020-12-30 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/how-to-get-your-felony-expunged-for-free-in-oregon/ - Categories: Set Aside/ Expungement - Tags: affidavit, expunge conviction, expunge felony, Expungement, expungement cost, free expungement, free expungement oregon, motion, set aside charges, set aside conviction   If you have one or more felony convictions from years ago that are still affecting your life, there may be ways to fix the situation. Oregon law offers several options to help you clear your name and clean up your legal record. Our rights restoration attorneys explain. If you've stayed out of legal trouble long enough, a process called "set aside," more commonly known as expungement, may be a great option for you to put your past mistakes behind you and move forward with confidence. The legal process of expungement seals the records of your criminal arrest or conviction. After the process is completed in the courts, the record will no longer exist. You can lawfully deny the conviction or arrest ever occurred. This process can be inexpensive, but many parts of expungement are actually free. Before you get started, there are some factors you'll want to consider. What is Record Expungement? A criminal record can haunt you for years and even decades. It shows up on background checks when you're trying to rent a home or get a loan. Job searches become much more difficult when potential employers can gain easy evidence of your conviction. Expungement seals the record of your conviction or arrest. Background checks won't be able to find it anymore. Not only does it improve your career prospects and financial security, but you'll also find new opportunities available to you. After a successful felony expungement, you can usually volunteer with more organizations, help out at... - Published: 2020-12-02 - Modified: 2025-12-23 - URL: https://lohrkelaw.com/buying-a-gun-with-a-criminal-record-in-oregon/ - Categories: Felony Reduction, Firearm Rights, Rights Restoration, Set Aside/ Expungement - Tags: Background Check, Expungement, Felony Reduction, Firearm Rights, Firearm Rights Restoration, Set Aside The right to bear arms is enshrined in the U. S. Constitution. This right is reiterated in the Oregon Constitution as well. In the aftermath of certain criminal offenses, however, these rights may be suspended or revoked. Adults in Oregon who wish to buy firearms are forbidden from doing so if they have been convicted of a felony or certain misdemeanors of domestic violence. However, the legal system includes ways to remove or override this prohibition. Here at Lohrke Law we are familiar with the intricacies of firearm rights in our state. As you continue through this article you'll learn more about the ways people with a criminal record can once again buy a gun in Oregon. Attorney Jesse Lohrke explains state and federal firearm rights restoration (Time 6:44) https://lohrkelaw. com/wp-content/uploads/2020/12/RYRQA2. mp3 Can someone buy a gun with a misdemeanor? Let's start with the basics-independent of criminal record status, the state of Oregon regulates the sale of firearms for public safety. Although no permit or registration is required for gun purchases, every seller is required by law to conduct a background check. That applies in any situation, including retail stores, gun shows, and private transfers of ownership. The only exception to the background check requirement is for sales or transfers between close family members. Qualifying relatives are clearly defined in ORS 166. 345(4). If a background check shows certain results, such as a felony conviction, it renders the purchase unlawful. Additionally, unclear records often lead to firearm purchase denials or... - Published: 2020-11-25 - Modified: 2025-11-14 - URL: https://lohrkelaw.com/the-ultimate-guide-to-owning-a-firearm-in-oregon/ - Categories: Felony Reduction, Firearm Rights, Rights Restoration - Tags: Felony Reduction, Firearm Rights, Firearm Rights Restoration, Rights Restoration Both the U. S. Constitution and the Constitution of Oregon promise citizens the right to bear arms. But like all of the rights in our democracy, there are exceptions designed to protect everyone's safety and peace. Americans are also entitled to free speech, but it's still illegal to shout "Fire! " in a crowded movie theater. In a similar way, you have responsibilities as a gun owner. If you're keen on owning a firearm in the state of Oregon, this page serves as your comprehensive guide to common questions. The rights restoration lawyers at Lohrke Law will help you become better informed about purchasing a firearm, owning one, and navigating the legal system. What Types of Firearms Can I Own? Overall, Oregon is a reasonably generous state when it comes to the firearms a resident may purchase. Your typical shotguns and handguns are available to buy in stores, at gun shows, and from private parties. No Oregon law defines or regulates assault weapons, though there is a specific ban on armor piercing ammunition. If you wish to own certain items with heightened destructive potential, Oregon defers to the National Firearms Act of 1934. The NFA regulates machine guns and silencers, to name a couple of examples. Buyers of these items are required to undergo additional background checks and permit requirements. Purchasing a Gun in Oregon Oregon is known for having less onerous rules around gun purchases, especially compared to some neighboring states such as California. Owners are not required to... - Published: 2019-12-29 - Modified: 2024-04-04 - URL: https://lohrkelaw.com/restoring-firearm-rights-despite-a-felony-conviction/ - Categories: Firearm Rights - Tags: Convictions, Felonies, Firearms, Oregon, Rights Restoration One of the consequences of a felony conviction in Oregon is revocation of the right to possess a firearm through the Second Amendment of the United States Constitution. Even if the conviction was many years ago and an isolated event, the loss of the right to purchase and own a gun continues in perpetuity. Thankfully, many of those who have had their firearm rights removed because of a felony conviction may be able to regain those rights through the Oregon firearm rights restoration process. Individuals Convicted of Certain Crimes May Not Be Eligible Not everyone who petitions the court for the restoration of their firearm rights will be successful. Some felonies are not eligible for rights restoration through this process. Those convicted of a Measure 11 Offense - an offense with a mandatory minimum sentence in Oregon - usually cannot have their rights restored. Examples of these crimes include murder, first-degree manslaughter, first-degree robbery and other offenses. Individuals who have been convicted of what is called a person crime involving a firearm, such as assault with a firearm or assault with a deadly weapon, are also not eligible for firearm rights restoration. Firearm Rights Restoration for Hunters Many people enjoy hunting but can no longer do it legally, due to restrictions on their right to possess a firearm because of a felony conviction in their past. Many of these individuals were convicted years or even decades ago, yet must miss annual hunting trips with friends and family as well as... - Published: 2019-12-29 - Modified: 2024-07-24 - URL: https://lohrkelaw.com/how-many-felonies-can-be-reduced-to-misdemeanors/ - Categories: Felony Reduction - Tags: Criminal charges, Felony Reduction, Misdemeanors, Oregon, Rights Restoration Navigating Felony Reduction in Oregon: Your Comprehensive Guide Felony reduction is a legal process that can alleviate the burdens associated with a felony record. By reclassifying a felony conviction into a misdemeanor, individuals with most Class C or certain Class B felonies under Oregon law can experience a fresh start, even years after the original conviction. When Can Felony Reduction be Considered? Felony reduction is an excellent options for those with convictions ineligible for expungement, such as driving crimes. The process modifies the conviction's severity, reclassifying it as an A-level misdemeanor. By reducing a felony to a misdemeanor, you will find it easier to pass background checks that specifically scan for felony records.   What Felonies Can Be Reduced to Misdemeanors?   Felonies are serious criminal offenses that can result in severe penalties, including prison time and hefty fines. However, some felonies can be reduced to misdemeanors, which carry less severe consequences. These reductions may be possible through various legal processes such as felony reduction or felony to misdemeanor conversion.   Felony reduction is a legal process that allows individuals convicted of a felony to ask the court to reduce their conviction to a lesser offense, such as a misdemeanor. According to ORS 161. 705, the court can enter a judgment of conviction for a Class A misdemeanor in certain situations. This may occur when an individual is convicted of a Class C felony.   Additionally, if an individual is convicted of a Class B felony or a Class A... - Published: 2019-09-09 - Modified: 2024-04-04 - URL: https://lohrkelaw.com/over-prosecution-costs-billions-in-lost-productivity/ - Categories: Rights Restoration - Tags: Court Costs, Criminal charges, Felonies, Over Prosecution, Rights Restoration Anybody with a felony record knows very well the challenges of finding decent employment and housing. The clear result of felony prosecutions is that good potential workers are kept out of the productive labor force. A report from the Center for Economic and Policy Research states that this under-employment actually reduces the productivity of the United States. The report estimates that the lost productivity from felons being prevented from living up to their potential resulted in up to $65 Billion in lost economic output in 2010. As the report points out, people with felony convictions want to work; they are simply less able to find gainful employment. Changes in sentencing laws, not an increase in violent crime, led to substantial increases in prison populations and felony convictions. Even "tough-on-crime" district attorneys and legislators should take note of the economic impact of their decisions to riddle people with felony records. Not only does it affect the person, it affects the economic health of the nation. At Lohrke Law, we support criminal justice reform and increased opportunities for rights restoration. The number of crimes that qualify as felonies has increased dramatically in recent decades. The result is to keep more people down; not keep more people safe. - Published: 2019-09-02 - Modified: 2021-12-19 - URL: https://lohrkelaw.com/rights-restoration-options-besides-expungement-or-set-aside/ - Categories: Rights Restoration - Tags: Alternatives to Expungement, Felony Reduction, Firearm Rights Restoration We think of Rights Restoration as a hierarchy. At the top is expungement or set aside, which makes the conviction disappear. You can't get better than that. If you cannot expunge or set aside, the next best thing is to turn a felony into a misdemeanor. This is done through a law that allows a judge to reduce a conviction. The result is that the person is no longer a felon. More information on felony reduction is available in that section of our articles. If felony reduction is not available, we can look at a firearm rights restoration. For qualifying convictions, a judge can restore a person's Oregon firearm rights if he/she finds by "clear and convincing evidence" that the person is not a threat to him/herself or others. More information about firearm rights restoration is available in that section of our articles. - Published: 2019-09-02 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/can-rights-be-restored-if-money-is-still-owed-in-a-case/ - Categories: Rights Restoration - Tags: Court Fines, Defendant, Felony Reduction, Procedure, Restitution, Rights Restoration In our experience, all fines, fees, and restitution must be paid off before people can set aside a conviction. A reduction requires at a minimum to be up to date with a payment plan. The laws do not explicitly discuss money owed, but they do discuss complying with the sentence of the court, which arguably involves paying fines, fees, and restitution owed in the case. It is too easy an argument for the prosecutor that the defendant has not paid what was ordered by the judge at the time of conviction. There is the possibility for some relief. Bankruptcy can take care of some fines and fees, but generally not restitution. Judges have discretion in these matters and can easily agree with the prosecutor's argument about money owed. In order to have the best chance at our clients' rights restoration cases, we generally advise them to clear up financial matters with the court before we get started. - Published: 2019-09-01 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/how-do-i-answer-background-check-questions-after-a-set-aside-or-expungement/ - Categories: Set Aside/ Expungement - Tags: Background Check, Expungement, Procedure, Set Aside When an Oregon conviction is set aside, it gives the person the ability to act and answer as if the conviction never occurred. The purpose of the set aside statute is to enhance employment and other opportunities, so it would not make sense if a person had to admit to a set aside conviction. To be clear, a successful set aside lets a person deny the conviction ever occurred on job applications and other official paperwork. A successful set aside gives you the right to deny a conviction, but it does not mean people who know about the conviction have to pretend it did not occur. Therefore, it is important to set aside a conviction as soon as it is eligible. Once a potential employer knows about it, setting it aside or expunging a conviction does not require them to forget. Some background investigations ask specifically about expungements and set asides. The Oregon State Bar asks this question, as do some medical schools, and other institutions. This is a tough question to answer and probably requires legal advice. On the one hand, you undoubtedly have the right to deny the occurrence of a conviction. On the other hand, the institution asking the question undoubtedly has the right to use a conviction, or the fact that you denied it against you if they know about it. This is the kind of legal gray area that requires experienced guidance. If you have questions about how to deal with a background check, please... - Published: 2019-08-29 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/can-i-restore-my-rights-if-i-have-a-felony-vehicle-conviction/ - Categories: Felony Reduction - Tags: Felony Reduction, Firearm Rights, Process, Rights Restoration Convictions for felony vehicle crimes cannot be set aside, but they can be reduced to misdemeanors. Oregon Revised Statute 161. 705 allows a Class C Felony to be reduced to a Class A Misdemeanor. Felony reduction to misdemeanor applies to convictions for criminal as well as vehicle crimes. Once a felony conviction is properly reduced to a misdemeanor, the person is no longer a felon— none of the restrictions on felons apply, including ability to purchase and possess a firearm. Felony Reduction to Misdemeanor requires reopening the criminal case and asking the judge to find that it is unduly harsh for the conviction to remain a felony. The judge will consider the history and character of the defendant, as well as the nature of the crime. The goal is to prove that the defendant no longer deserves the label and disabilities that go with the label of felon. - Published: 2019-08-28 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/can-i-expunge-a-conviction-if-my-probation-was-revoked/ - Categories: Set Aside/ Expungement - Tags: Burden of Proof, free expungement oregon, Hearing, Judge, Probation, Set Aside Revocation of probation does not prevent expungement or set aside, but it is a factor the judge can consider. When a criminal defendant is sentenced to probation, he is ordered to comply with certain requirements of probation. If he does not comply with those terms, the probation can be revoked and incarceration imposed. Despite the fact that the defendant did not do well on probation, that fact alone does not prevent setting aside the conviction. When deciding whether to grant a motion to set aside, the judge considers, “behavior and circumstances since commission of the crime. ” How a person did on probation is part of that consideration, but the Oregon Supreme Court has made clear the law strongly favors granting the motion to set aside if there are no new convictions in the years from the conviction until expungement eligibility. As the court stated, “ statutory history of leaves no doubt that the legislature chose a policy favoring setting aside con­vic­­tions rather than leaving decision to judicial discre­tion. State v. Langan, 301 Or 1, 718 P2d 719 (1986) - Published: 2019-08-28 - Modified: 2025-07-28 - URL: https://lohrkelaw.com/is-my-juvenile-delinquency-record-automatically-expunged/ - Categories: Set Aside/ Expungement - Tags: Background Check, Criminal Record, Expungement, Juvenile, Oregon A number of states in the country automatically seal or expunge certain types of juvenile offense records at the conclusion of court proceedings or once the juvenile offender has reached a certain age. Unfortunately, Oregon is not one of these states. The overwhelming majority of juvenile convictions are eligible to be expunged once the offender reaches 18 years of age, but expungement must be petitioned for, and a formal hearing may be necessary. Can My Juvenile Delinquent Record Be Used Against Me? Like all arrests and convictions, juvenile offender records are generally part of the public record. A lot of people are under the impression that their juvenile records are expunged once they turn 18, and cannot be discovered or used to disqualify them for jobs, apartments or licenses, but sadly, this is simply not the case. Not only are juvenile records not confidential, they can be used against a person in future court proceedings unless they are proactively expunged. Thankfully, juvenile expungement law is extremely generous, and generally favors the clearing up of juvenile records. Can My Request For Juvenile Expungement Be Denied? While there are no court fees involved in this process, there is a five-year waiting period providing the person has no subsequent felony convictions or Class A misdemeanors. Juvenile records are not eligible for expungement if there are criminal charges pending against the petitioner. Sex crimes, certain felonies, and crimes involving children or child abuse are also ineligible for expungement, though it is possible for juvenile... - Published: 2019-08-28 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/five-things-to-know-about-rights-restoration-in-oregon/ - Categories: Rights Restoration - Tags: Convictions, Expungement, Oregon, Rights Restoration, Set Aside   1. Expungement clears criminal records Expungement in Oregon is a complete restoration of your rights. Records of the arrest and conviction, including police records, are destroyed and you are allowed to deny the arrest and conviction ever occurred. Only in very limited circumstances can a court reopen a sealed file. If all of your convictions are eligible for the complete restoration of rights that comes with expungement, you will no longer have a criminal record, no longer be a felon, and no longer suffer the consequences of having a record. Read actual cases and results for Lohrke Law clients. 2. Expungement is not the only option for Rights Restoration If you are not eligible for expungement, but you are a responsible citizen, felony records can often be reduced or firearm rights can be restored. A judge in Oregon can lower most Class C felonies (lower level) to misdemeanors. The process is called felony reduction. Felony reduction is most successful when a person can demonstrate to the judge that their life has changed such that justice is no longer served by the felony conviction. This usually happens by showing compliance with probation and a stable, crime-free life. A process separate from expungement and reduction is firearm rights restoration. It is a legal process that requires an applicant to prove his case to a judge by clear and convincing evidence. Firearm rights restoration is an option for people who cannot expunge or reduce a felony record, and who can show an... - Published: 2019-08-28 - Modified: 2023-08-25 - URL: https://lohrkelaw.com/why-do-i-need-to-provide-a-fingerprint-card-with-my-motion-to-set-aside/ - Categories: Set Aside/ Expungement - Tags: Background Check, Cost, Fingerprints, Motions, Process, Set Aside Every motion to set aside in Oregon must be accompanied by an FBI-standard fingerprint card. This applies to set asides for arrests as well, not just convictions. This part of the process can seem invasive, especially given that for many crimes people were never even fingerprinted in the first place. However, the purpose of the fingerprint card is not to put your prints into a database (though that probably does happen). The fingerprint card is for the FBI nationwide background check that must be conducted in conjunction with the motion to set aside. - Published: 2019-08-28 - Modified: 2025-08-15 - URL: https://lohrkelaw.com/do-municipal-court-arrests-show-up-on-my-criminal-record/ - Categories: Rights Restoration - Tags: Arrests, Background Check, Convictions, Criminal Record, Municipal Courts Because of global accessibility to digitized information and record keeping, data sharing across local, state, and federal governmental agencies has become the norm. The result has been clients who have had municipal court convictions from the 80s, 70s or even 60s pop up on a background check, preventing them from getting an apartment, being hired for a job or purchasing a firearm. How Are Old Municipal Court Arrests or Convictions Found Out? People who find themselves blindsided by the sudden appearance of a sometimes decades old municipal arrest or conviction can't imagine that they would find themselves in this position, but thanks to computerized data sharing, they must now address what is often a youthful indiscretion, long forgotten. At one time, municipal court records were not accessed without a specific records request made by that specific court. With hundreds of potential records to go through, specific records were relatively hard to stumble across. Thanks to centralized records databases maintained by state and federal authorities, documents recording municipal court arrests and convictions are now easily obtained by civilian background check agencies who make their money collecting such information. Don't Wait; Have Your Municipal Arrest or Conviction Set Aside For these reasons, and because the history of an arrest or conviction never truly goes away, it is imperative that people take proactive steps to clear up the entirety of their criminal histories, including arrests and convictions through municipal courts that may not have affected them in the past. This Information is not... - Published: 2019-08-28 - Modified: 2022-11-11 - URL: https://lohrkelaw.com/can-my-drivers-license-be-restored-after-a-lifetime-revocation/ - Categories: Driving Rights - Tags: Drivers License, Lifetime Revocation, Restoration, Traffic Offenses. Drivers Rights In Oregon, a person's driving privileges are revoked for life after a third Driving Under the Influence of Intoxicants (DUII) conviction. However, ten years after the revocation, Oregon Law ORS 809. 235 provides that a person whose driving privileges were revoked for life can ask a judge that they be restored. In order to restore driving privileges, the applicant must prove to a circuit court judge by clear and convincing evidence that he is not a danger to the public and that he complied with the terms of the DUII probation, including completion of a drug or alcohol treatment program. The judge will consider several factors laid out in the law, including the severity of the DUII history, whether anyone was hurt, and also whether the person has made the changes that prove they are not a risk to drive under the influence again. The motion for restoration of driving privileges is filed in the circuit court of the county where the conviction occurred. It requires payment of the standard filing fee ($281 in 2021), and service on the district attorney. The district attorney will usually take a position that the application is supported or opposed. Regardless of the district attorney's position, a hearing before a judge is required. After the judge signs an order to restore driving privileges, the applicant can pay the Department of Motor Vehicles reinstatement fee to obtain a new driver's license. Testing will likely be required because of the amount of time that has passed.... - Published: 2019-08-28 - Modified: 2023-11-06 - URL: https://lohrkelaw.com/can-i-pass-a-background-check-if-my-conviction-is-expunged/ - Categories: Rights Restoration - Tags: Background Check, Conviction, Expungement, Pass, Set Aside After a successful set aside, the conviction is removed from official records and should not show up in a background check. Oregon law allows you to deny the conviction ever occurred, because under the law it is deemed not to have occurred. While official records can be cleaned up, non-governmental holders of criminal histories, do not necessarily remove from their records information about a conviction. With the proliferation of big data, a few companies have compiled extensive information about individuals that comes largely from governmental data bases, including criminal histories. These "civilian background check" companies might require special attention to ensure an individual's criminal history is accurate. When Lohrke Law performs a set aside or expungement, we order an updated background check from the Oregon State Police to ensure the convictions are removed and the information is correct. Often times we have to work with the records department of the Oregon State Police and the court where the expungement occurred in order to ensure the expungement order is properly shared and the criminal record cleaned up. In general, the expungement process works well and after a successful set aside or expungement, you can pass a background check. > Content on this website is intended for informational purposes and does not constitute legal advice. Individuals facing criminal charges should consult directly with a qualified criminal defense attorney. Lohrke Law Criminal Defense Attorneys Serving clients throughout Illinois