Oregon Conviction question

[btrombla]

Hello,
I currently live in the State of Texas and am moving back to Oregon in the very near future. I was cited and convicted of disturbing the peace while on vacation about a year and a half ago. In Texas that is considered a class C misdemeanor. I paid a $200 fine and that was it.

In Oregon the definition of a misdemeanor is a crime that is punishable by jail time. In Texas a class C misdemeanor is not punishable by jail time, just a fine. An example of a class C in Texas is running a stop sign. So my question is will Oregon view my class C conviction as a misdemeanor conviction that would disqualify me from applying for my CHL or would they consider it as a violation?

I tend to think it would not disqualify me because they would see it not as a misdemeanor but as a violation since it can't be punishable by jail time. Play devil's advocate they could view disturbing the peace as disorderly conduct and try to say I don't qualify.

Thanks for your input.

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[Joe13]

Not touchin this one...

Good Luck with your indevours.

 

[KKG]

Contact an Attorney in OR.

 

[jbett98]

Here's Texas answer to your predicament.

https://www.google.com/url?sa=t&rct...ment-faq.htm&usg=AOvVaw0Mm5ElrkS50EBV-_rymzlR

 

[uscsoldier]

Apply and see what happens, just don't lie on the application, I will be way cheaper than an attorney and 110% accurate

 

[slimmer13]

A misdemeanor makes you ineligible for a CHL in OR?

 

[btrombla]

Yes, a misdemeanor less than 4 years old is a disqualification.

 

[CountryGent]

Agreed with the others that you need to get an attorney. It looks like from the link that @jbett98 posted that you can apply for expungement right away on some Class C Misdemeanors, like the one you mentioned. Maybe that is where to start with an attorney's help?

Good luck.

 

[btrombla]

I have some calls out to attorneys now, just waiting on responses.

 

[jbett98]

It's around a thousand bucks to expunge or seal most class C misdemeanors in Texas.

 

[btrombla]

My attorney that represented me during my minor loud night said I can't get it expunged. To his knowledge the class C was never even reported. I have paid the Texas state police for a background check and it didn't even show up. I waiting to hear back from the court to see if they have any record of it or not.

 

[Certaindeaf]

My attorney that represented me during my minor loud night said I can't get it expunged. To his knowledge the class C was never even reported. I have paid the Texas state police for a background check and it didn't even show up. I waiting to hear back from the court to see if they have any record of it or not.

How can you have gotten "convicted" (see title of this thread) for something that was "not even reported"?

 

[btrombla]

I signed a document agreeing to pay a $200 fine to settle the case, worst case scenario was a $500 fine. I wrote a check to my attorney for the $200 fine and he appeared on my behalf to settle the manor. He sent me a text the next week saying everything was good to go and that was all I ever heard. The state and county currently have no record that can be found. I do have a copy of the receipt. My guess is that it must have been deferred or something...

 

[Konajay]

The statute for issuance of an Oregon CHL are under ORS Chpt. 166. See ORS 166.291. Looks like you have to have at least 4 years from last misdemeanor conviction except for certain offences.

Chapter 166

 

[btrombla]

Correct, my argument here is that in Texas everything is a misdemeanor, there is no such thing as a violation. For example if you get a ticket for 50mph over the speed limit, that is a class C misdemeanor. A class C misdemeanor is not punishable by any jail time which basically meets the same Oregon definition of a violation.

I'm just wondering if Oregon will view it as a misdemeanor or a violation. It would seem it should be viewed as only a violation

 

[gunnails]

Other then that, how was your vacation? Where did you go?

 

[btrombla]

Went to South Padre Island, where the MTV spring break show is usually filmed. The vacation was great at first but went bad in a hurry! Lol. The Police down there are a little over zealous to say the least....

Beautiful beaches and amazing weather though.

 

[Konajay]

Correct, my argument here is that in Texas everything is a misdemeanor, there is no such thing as a violation. For example if you get a ticket for 50mph over the speed limit, that is a class C misdemeanor. A class C misdemeanor is not punishable by any jail time which basically meets the same Oregon definition of a violation.

I'm just wondering if Oregon will view it as a misdemeanor or a violation. It would seem it should be viewed as only a violation

Oregon would probably look at the charge and base their approval/denial on that. I believe that disturbing the peace in Oregon is charged under disorderly conduct, which is a misdemeanor. Full disclosure: I'm not an attorney, but I bet that's how LEO would handle it.

 

[btrombla]

I assume this scenario could be a possibility. Hopefully a lawyer can clear it up for me soon. Best case is that it was somehow deferred and won't show as a conviction. I just renewed my tx chl with no issue.

 

[jbett98]

Oregon State Police will check with the Feds on NICS. If nothing shows up there, you should be good to go.