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Basically... you can have a record "sealed"/"set-aside" where records still exists and are not "expunged", and you can also have a record "expunged", where your records are "sealed" and "set-aside"... that no longer exist for LE purposes. Although, some states, like WA attach provisions. IE., "don't exist, except for the purpose of firearm BGC's".
This distinction is not addressed in ORS 137-225. Which I assume pertains to adult convictions, as there seems to be a separate juvenile code for those cases.

ORS 137-225 clearly states,
"Upon the entry of the order, the person for purposes of the law shall be deemed not to have been previously convicted,"
That sounds a lot like expungement. "As if it never happened."

The copied citation in your last post re. ORS 419A-260. 262 concerns the juvenile codes. Which shows a distinct bifurcation of the two types of orders.

It can be confusing since OR (per the SOS) often uses "set aside" and "expungement" interchangeably, but they are separate legal processes and largely dependent on what is being petitioned for and the judges order.
Where is this explained more clearly than ORS 137-225? How do people find out what is being petitioned? Is this something that only attorneys know about and it's at a judge's discretion?

Surely the legal process generates paperwork from courts that tell petitioners what they are getting out of the process. And in future, they should be very careful discussing this with an attorney who is going to petition for them. Meaning, they need to know if they are getting a set-aside or an expungement.

I promise this will be my last post on the subject, as I've already belabored it excessively. And I don't even have a dog in the fight, but things like this that seem unfair at least on the surface grind on me.
 
This distinction is not addressed in ORS 137-225. Which I assume pertains to adult convictions, as there seems to be a separate juvenile code for those cases.

ORS 137-225 clearly states,

That sounds a lot like expungement. "As if it never happened."

The copied citation in your last post re. ORS 419A-260. 262 concerns the juvenile codes. Which shows a distinct bifurcation of the two types of orders.


Where is this explained more clearly than ORS 137-225? How do people find out what is being petitioned? Is this something that only attorneys know about and it's at a judge's discretion?

Surely the legal process generates paperwork from courts that tell petitioners what they are getting out of the process. And in future, they should be very careful discussing this with an attorney who is going to petition for them. Meaning, they need to know if they are getting a set-aside or an expungement.

I promise this will be my last post on the subject, as I've already belabored it excessively. And I don't even have a dog in the fight, but things like this that seem unfair at least on the surface grind on me.
Well yeah. That snippet was from a juvenile rights organization, but it seemed like a fairly concise explanation of the definitions in general. They don't only apply in juvenile cases.

It's like many things really. An attorney will know what is within their clients rights to petition the court for, asking for specific remedies, and then it's up to the judge to decide what to grant... however... it seems fairly standardized and just going through the motions. IE., the petitioner has satisfied all legal requirements of their conviction, paid all restitution in full, completed parole without incident, significant time has passed without any further infractions of the law, yada yada... and requests the appropriate remedies allowed by law. Typically, there isn't any kind of hearing, the petitioner is not required to appear before a judge and unless the judge has specific reason to deny it... they just "rubber stamp" a fairly standard court order.

IOW, a court order that outlines the specific remedies... "telling the petitioner what they are getting out of the process".

There are attorneys that specialize in that sort of thing, but you do have to be careful. IE., some may offer "expungement services", but may only petition for lesser remedies if they feel your case may not meet the full criteria for full expungement.

Some levels of conviction and types of crimes can't be expunged. Or a for example, the petitioner has multiple convictions, had parole violations, hasn't paid full monetary restitution yet, has had subsequent interactions with law enforcement, etc... that may make it unlikely a judge would order a full expungement. KWIM?

IE., You can retain the services of an attorney specializing in expungement, but if your conviction had anything to do with harm to a child, you might get your record set-aside so you no longer have to register as a sex offender, but that ain't gonna get expunged. A snake of an attorney might still represent to you he's doing an "expungement", but if you read the fine print, it would probably include something like, "in so much as the law allows".
 
Yeah i read the older thread and was hoping to bring it to light again. I won a pistol on gunbroker and all and had this issue so at this point im out 700.00 because it took 7 days to get denied so it was past the return window. I guess its all in the wording as the state list a expungement as setting aside a record which is not quite true as its to be gone all together. The feds see the words set aside as still having a record so they deny you.

View attachment 1891007
$10 says whoever denied you is one of them damned Hatfields!


;)
 
Surely the legal process generates paperwork from courts that tell petitioners what they are getting out of the process.
I posted it previously in that other thread, but just an example of an actual expungement order.

"NOW THEREFORE IT IS HEREBY ORDERED that the record of conviction maintained by any law enforcement agency regarding the Plaintiff, date of birth: ___________, and the conviction for __________ be, and the same is hereby set aside and the Plaintiff herein is deemed not to have previously been convicted of said crime; and

IT IS FURTHER ORDERED that the record of arrest maintained by any law enforcement agency regarding the Defendant of the criminal episode contained herein be, and the same is hereby set aside and the Defendant herein is deemed not to have previously been arrested for said crime; and

IT IS FURTHER ORDERED that the Clerk of the Court shall forward a certified copy of this Order to all appropriate criminal justice agencies.

IT IS FINALLY ORDERED that thereafter the record of conviction and arrest herein shall be sealed together with other official Court records in this case, including investigation reports of the involved law enforcement agencies concerning the criminal episode."


You notice all the "set-aside" and "sealed", yet the resultant affect of those legal remedies is an "expungement". As if the arrest and conviction did not occur for both LE and Public record and all rights are restored... including 2A rights... without qualification.
 
Tangently related for those that are just experiencing a denial.
From OSP. Their BGC info and challenge email and phone have been suspended.


CRITICAL: Appeal and Challenge Update
Published: 05/30/2024
Please review this entire message:
The [email protected] email account and the challenge phone line (503-373-1808) have been temporarily suspended. Due to resourcing constraints, FICS is unable to reply to emails and voicemail messages with status updates. FICS is transferring personnel to address the processing of background checks and completing research.
If the transferee/buyer wants to provide legal documentation related to a delayed/pending transaction, email: [email protected]. This email address is only for submitting police reports, court, and district attorney documents for examiner review for transactions that are currently in delayed/pended status.
The transferee/buyer must include the below information with the submitted documents:
1. Transferee/Buyer Full Name
2. Date of Birth
If the transferee/buyer wants to appeal a denied transaction, send the appeal to this email address: [email protected]. This email account is for appealing denied transactions only. All other emails will be deleted.
The transferee/buyer must include the required information below with the written appeal correspondence:
1. NICS Transaction Number (NTN) provided to the FFL dealer at time of denial
2. Transferee/Buyer Full Name
3. Date of Birth
4. Phone number with area code
 
Tangently related for those that are just experiencing a denial.
From OSP. Their BGC info and challenge email and phone have been suspended.


CRITICAL: Appeal and Challenge Update
Published: 05/30/2024
Please review this entire message:
The [email protected] email account and the challenge phone line (503-373-1808) have been temporarily suspended. Due to resourcing constraints, FICS is unable to reply to emails and voicemail messages with status updates. FICS is transferring personnel to address the processing of background checks and completing research.
If the transferee/buyer wants to provide legal documentation related to a delayed/pending transaction, email: [email protected]. This email address is only for submitting police reports, court, and district attorney documents for examiner review for transactions that are currently in delayed/pended status.
The transferee/buyer must include the below information with the submitted documents:
1. Transferee/Buyer Full Name
2. Date of Birth
If the transferee/buyer wants to appeal a denied transaction, send the appeal to this email address: [email protected]. This email account is for appealing denied transactions only. All other emails will be deleted.
The transferee/buyer must include the required information below with the written appeal correspondence:
1. NICS Transaction Number (NTN) provided to the FFL dealer at time of denial
2. Transferee/Buyer Full Name
3. Date of Birth
4. Phone number with area code
Good, I hope you guys are able to figure that mess out down there!
 
Tangently related for those that are just experiencing a denial.
From OSP. Their BGC info and challenge email and phone have been suspended.


CRITICAL: Appeal and Challenge Update
Published: 05/30/2024
Please review this entire message:
The [email protected] email account and the challenge phone line (503-373-1808) have been temporarily suspended. Due to resourcing constraints, FICS is unable to reply to emails and voicemail messages with status updates. FICS is transferring personnel to address the processing of background checks and completing research.
If the transferee/buyer wants to provide legal documentation related to a delayed/pending transaction, email: [email protected]. This email address is only for submitting police reports, court, and district attorney documents for examiner review for transactions that are currently in delayed/pended status.
The transferee/buyer must include the below information with the submitted documents:
1. Transferee/Buyer Full Name
2. Date of Birth
If the transferee/buyer wants to appeal a denied transaction, send the appeal to this email address: [email protected]. This email account is for appealing denied transactions only. All other emails will be deleted.
The transferee/buyer must include the required information below with the written appeal correspondence:
1. NICS Transaction Number (NTN) provided to the FFL dealer at time of denial
2. Transferee/Buyer Full Name
3. Date of Birth
4. Phone number with area code
I hope we can get this resolved soon!
 
Unless your "felony" was violence and or gun related...... there should be NO reason to why your gun rights are taken away or not restored after expungment.
I think we can all agree, we want guns out of Violent offenders and especially ones who used a firearm or domestic violence. Someone getting a felony for speedign or stealing or white caller crime or whatever ..... that is not grounds for losing a constitutional right!!!! Regardless how you feel, this is crazy and sets a precedence. We don't lose our 1st ammendment or many other ammendments because you got charged with a felony. They treat this inalienable right a la carte.
 
Unless your "felony" was violence and or gun related...... there should be NO reason to why your gun rights are taken away or not restored after expungment.
I think we can all agree, we want guns out of Violent offenders and especially ones who used a firearm or domestic violence. Someone getting a felony for speedign or stealing or white caller crime or whatever ..... that is not grounds for losing a constitutional right!!!! Regardless how you feel, this is crazy and sets a precedence. We don't lose our 1st ammendment or many other ammendments because you got charged with a felony. They treat this inalienable right a la carte.
I'm of the opinion that if one cannot be trusted by society to be responsible with firearms, if they have a violent history... why are they free to walk around in society in the first place?

As for mentally ill, thats a whole different can of worms and I do support specific institutionalization for certain individuals.
 
Yeah its beyond me and frustrating to deal with this crap after i have done everything the legal way to get my rights back. Mine was non violent from my 20s i had stolen stuff from target and it was a first offense.
 
When a person should or shouldn't be denied their rights is a different discussion, but here... we're talking about individuals that have satisfied the law to the extent that their arrest and conviction have been determined not to have even occurred. Not simply by bureaucratic process but deemed so by a court of law and so ordered.

IOW, For all intents and purposes they are being denied their 2A rights for not having been arrested, charged or convicted of any crime at all.

OR law has not changed and clearly provides for this remedy. Fed law has not changed and clearly recognizes OR state court orders in that regard.

While this situation may not affect a large number of Oregonians it should be of GRAVE concern for all if, by all appearances, our gooberment and/or state agencies are using executive interagency policy, with the affect of law, to nullify legal court orders and deny OR citizens a constitutionally protected right.

If they can get away with it in small scale, these types of abuses have a way of festering into other areas.
 
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What if you have an expungement from another state and live in Oregon, is that a problem?
That's what I've been wondering too.
That made me iffy about having to pay a lawyer to get my stuff figured out, but I'm better off doing it now than a year down the road living in another state. Especially with a baby on the way, I need to protect my family in a city that books and releases firearm/drug related charges same day.
 
What if you have an expungement from another state and live in Oregon, is that a problem?
Other jurisdictions court orders are also recognized, but to be honest, I'm not sure about specifics.

IE., WA state has expungement laws, but recently changed theirs to be ,"for all purposes" with the exception of firearm related background checks. Unlike OR, which is simply, "for all purposes".

For someone now a resident of OR with a WA state expungement order, where both states deem the act to have never occurred, I'm not sure if they would be subject to WA states exception law (since they issued the order) or it would fall under OR's law, without exception, since they are now a resident of OR.

Can a now OR resident petition to have their WA expungement order modified in OR... or... would they be required to separately petition to have their rights restored(?)

🤷‍♂️ I do not know.
 
Heads up if you do have an expungement do not do the background check i just had an atf agent calling me about my denial. Telling me to give my firearms to family or turn them in, i had my attorney call him as i thought it was a scam he let him know what is going on in oregon. My attorney also said that the atf is not sure what is going on here he also has been talking to representative here in oregon that are not aware of what osp is doing and that there are people going after the state for it.
 
Heads up if you do have an expungement do not do the background check i just had an atf agent calling me about my denial. Telling me to give my firearms to family or turn them in, i had my attorney call him as i thought it was a scam he let him know what is going on in oregon. My attorney also said that the atf is not sure what is going on here he also has been talking to representative here in oregon that are not aware of what osp is doing and that there are people going after the state for it.
What firearms? They were lost in a boating accident.
 

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