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Gun Rights Restoration: Record Expungement (ORS 137.225)

Most felony convictions can be expunged off someone’s criminal record thus allowing that individual to lawfully purchase or possess firearms.

This is a process where the attorney files a Motion to Set Aside both the arrest and conviction for the felony conviction(s) at issue. More than one felony conviction can be expunged off someone’s record but a certain period of time must occur before this can be accomplished. When the Court approves the motion, both the arrest and conviction(s) are sealed and both the State and Federal prohibitions against being able to purchase a firearm are removed.

Most misdemeanor convictions (after the probationary period is complete) will not prohibit someone from being able to lawfully possess or purchase a firearm. However, if someone has been convicted of a domestic violence, they are prohibited from purchasing and possessing a firearm (both Oregon and Federal law). In this situation, the most effective way to restore someone’s rights is expunging the record. However, if someone has more than one domestic violence conviction, it may be several years before that person can expunge their record so filing a petition with the court may be a better option.

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