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 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…
Read MoreGun Rights are Not Automatically Restored After Fifteen Years Oregon Supreme Court Rules
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…
Read MoreLohrke Law presents “Doing Expungements Right” class to Criminal Defense Lawyers
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…
Read MoreThe Economic Benefits of Expungement
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…
Read MoreGetting Hired with a Felony Conviction
In one survey of employers, just 40% said they would definitely or probably hire someone with a criminal conviction.
Read MoreChanges 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, 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…
Read MoreHow to Get Your Driver’s License Reinstated in Oregon after a Lifetime Revocation
In the state of Oregon, certain criminal convictions can lead to the permanent revocation of your driver’s license. For example, a third DUII conviction or felony DUII are 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…
Read MoreRelief from Juvenile Sex Offender Registration
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…
Read MoreBuying 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 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…
Read MoreThe Ultimate Guide to Owning a Firearm in Oregon
Table of Contents Toggle What Types of Firearms Can I Own?Purchasing a Gun in OregonHow and Where You May Use FirearmsConcealed Carry in OregonOpen Carry in OregonDischarging a Firearm in OregonPointing a GunSelf-Defense with a Firearm in OregonWho Can Possess a Firearm in Oregon?Who Cannot Own or Use a Firearm?What If I Own a Gun…
Read MoreFive 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 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…
Read MoreCircumstances and Behavior in An 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 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…
Read MoreGuidelines 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 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…
Read MoreGuidelines 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 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…
Read MoreUnderstanding 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 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…
Read MoreUpdate 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 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…
Read MoreCan 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, 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…
Read MoreCan 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 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…
Read MoreOregon’s 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 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…
Read MoreCivil Rights Restoration
Civil rights are often taken for granted, but what are they? 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…
Read MoreUnlocking 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 majority of employers conducting background checks on potential hires, a criminal record can often be a roadblock to securing meaningful employment.
Read MoreNavigating Open Arrests and Firearm Purchase Delays in Oregon
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…
Read MoreFive Crucial Considerations When 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 with key agencies, find out what sets apart the best in the field. Ensure your record is fully cleared with the right legal assistance.
Read MoreTop 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 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…
Read MoreThe 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 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…
Read MoreDo 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 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…
Read MoreCan 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 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…
Read MoreExpungement and Rights Restoration Lawyers for Portland
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…
Read MoreExpungement and Rights Restoration Lawyers for Coos Bay
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…
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