*************** UPDATE: After I petitioned the court, a lawyer for Multnomah county agreed with me and asked the sheriff to issue my license. For anyone who has any questions about this in the future, ORS 166.291(10) limits drug diversions to only include marijuana diversions. No other drug diversions can disqualify you. Let me repeat that: ONLY MARIJUANA BASED DRUG DIVERSION PROGRAMS CAN DISQUALIFY YOU FROM A CHL IN OREGON. Here is the relevant wording: ORS166.291(10) "As used in this section, “drug diversion program” means a program in which a defendant charged with a marijuana possession offense completes a program" On the form it will state, "I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program." It really means this: I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program in which I was charged with a marijuana possession offense. Of course the sheriff will not like this interpretation, but its not really an interpretation, its how the law is written. Below is the original post: ************** When I was an adult teen I was arrested for possession of a club drug (not marijuana) and participated in a “diversion” program in California. Fast Forward 15 years later, I applied for a CHL permit and summarily denied. The sheriff stated I lied on my application by not indicating I participated in a drug diversion program. I plan on taking this to court and I will be representing myself "Pro Se." Has anyone done this? Do I need to include my entire case in the petition or just my intent? I am following the instructions outlined here but they seem a bit dated: So They Revoked Your Permit??? The facts of my case are pretty simple: 1. OR 166.291 clearly states that they are only referencing marijuana drug diversion (my diversion wasn’t for marijuana). 166.291(10) Issuance of concealed handgun license; application; fees; liability - As used in this section, “drug diversion program” means a program in which a defendant charged with a marijuana possession offense completes a program under court supervision and in which the marijuana possession offense is dismissed upon successful completion of the diversion program. Chapter 166 2. OR 166.291 also states that the person’s record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section. CA PC 1000.4 “Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgment” CA Codes (pen:1000-1000.6) 3. Per Langlotz v. Noelle, the sheriff does not have the right to ask for information not outlined in in OR 166.291. The trial court concluded that defendant did not have statutory authority to require applicants to disclose business names, work addresses, and work phone numbers but that, incident to his duty to conduct an investigation of applicants, ORS 166.291 Oregon Judicial Department - Publications I am running out of time on this and plan to file early next week. Any help is appreciated and I have a feeling the Sheriff knows the law, and they feel that there are zero consequences when they break it. Thanks.