Oregon Osp and expungement rule

[IHaveAsthma]

This was from Oklahoma. They have pretty lax gun laws and a buddy of mine went through the same expungement process in Oklahoma and has no issues buying guns there so hopefully Oregon clears this up pretty quickly.

 

[MrJoshuaYoder]

This was from Oklahoma. They have pretty lax gun laws and a buddy of mine went through the same expungement process in Oklahoma and has no issues buying guns there so hopefully Oregon clears this up pretty quickly.

Yeah sounds like it's probably just an OSP being dumb thing.

 

[pharow]

Got this from lohrke attorney today

 

[DrNerfarious]

Mr. Yoder for the win.

 

[MrJoshuaYoder]

Got this from lohrke attorney today

View attachment 2198516

That note at the bottom:
Can we sue for all the delay and denials: Probably Not.

I got confirmation from one of the Coalition attorneys on that. The response is they don't see a plausible claim, and "Generally, you can't sue the government for damages for having a "plausible but incorrect" reading of a law."

As there unfortunately does not seem to be a path forward for the deprivation of rights, I will not pursue that.
Super glad we got the win that we did to get everyone the relief on this issue.

I am currently checking with some gun rights orgs on possibly challenging SB 243. I'll start another thread for that if I get traction and get the ball rolling on that.

 

[brycejohnson]

I have a question I am filling out my CHL application i put no on if i have ever been convicted but then i seen this It asks about e expungements but from my understanding I can legally tell them no I have never been convicted. Do I select yes on that and bring my judgment. Or do I just say no to everything.

 

[MrJoshuaYoder]

I have a question I am filling out my CHL application i put no on if i have ever been convicted but then i seen this It asks about e expungements but from my understanding I can legally tell them no I have never been convicted. Do I select yes on that and bring my judgment. Or do I just say no to everything.

View attachment 2202467

If 4-8 have to do with convictions and you answered no to all of them it doesn't matter.
To be clear though, in Oregon it's not an expungement, it's a 'Set aside'. They are two different legal processes.
They likely ask that question, because if you're granted relief under those ORS, you can get a CHL even with convictions on your record.

You CAN answer yes if you want, and bring the paperwork. Or you can say no, and if they question it (which they shouldn't if it's been cleared out of the state system and you're cleared federally) you can bring paperwork and explain.

 

[brycejohnson]

If 4-8 have to do with convictions and you answered no to all of them it doesn't matter.
To be clear though, in Oregon it's not an expungement, it's a 'Set aside'. They are two different legal processes.
They likely ask that question, because if you're granted relief under those ORS, you can get a CHL even with convictions on your record.

You CAN answer yes if you want, and bring the paperwork. Or you can say no, and if they question it (which they shouldn't if it's been cleared out of the state system and you're cleared federally) you can bring paperwork and explain.

Ok thanks. I just don't want to lie and denied. Or answer yes and still be denied lol that's why I asked.

 

[Antipreps]

Ok thanks. I just don't want to lie and denied. Or answer yes and still be denied lol that's why I asked.

If you are actually expunged. Then you say no. It's not on ur record any more so you don't ever have to mention it. The only reason osp did this thing is because they used the records of expungement orders.( the orders to go pull and destroy the files)

Your lawyer should have filed a state and fbi bkg check a few months after the expungement to confirm

 

[brycejohnson]

If you are actually expunged. Then you say no. It's not on ur record any more so you don't ever have to mention it. The only reason osp did this thing is because they used the records of expungement orders.( the orders to go pull and destroy the files)

Your lawyer should have filed a state and fbi bkg check a few months after the expungement to confirm

No just set aside. And I don't think he did but I will find out soon. I go in Tuesday to get finger printed for my CHL.

 

[HappiIsAWarmGun]

During a very recent conversation with the delay/denial staff at OSP, it became very obvious that they have retained in their files the unlawfully obtained expungement records. Should they not have been expunged from their files??
Curious:
If a person admitted to the OSP staff that they had committed crimes that were expunged, does that mean that now they cannot deny that said crime had happened??

 

[MrJoshuaYoder]

During a very recent conversation with the delay/denial staff at OSP, it became very obvious that they have retained in their files the unlawfully obtained expungement records. Should they not have been expunged from their files??
Curious:
If a person admitted to the OSP staff that they had committed crimes that were expunged, does that mean that now they cannot deny that said crime had happened??

ORS 137.225 – Order setting aside conviction or record of criminal charge; fees; prerequisites; limitations

(1)(a) At any time after the person becomes eligible as described in paragraph (b) of this subsection, any person convicted of an…

oregon.public.law

No, I don't believe that FICS should have any copy of that data in their records.

"(4)
...Upon entry of the order, the conviction, arrest, citation, charge or other proceeding shall be deemed not to have occurred, and the person may answer accordingly any questions relating to its occurrence."

The way I read the set aside law is once the set-aside order is signed, it's deemed not to have occurred. So it doesn't matter if OSP has an unlawful copy or some notation, the person still can answer that they have not been convicted.

 

[MrJoshuaYoder]

Update from OFF today.
Looks like apparently now the FBI agrees, so OSP/DOJ has likely concluded their research.

It’s Official – Oregon Firearms Federation

 

[brycejohnson]

I just tried to make a purchase for a hand gun and was denied. Approved for my chl though.

 

[MrJoshuaYoder]

I just tried to make a purchase for a hand gun and was denied. Approved for my chl though.

I would recommend appealing it via the denied.docs email. I posted all that info earlier in the thread. They need to tell you why they denied.

I would also recommend running a criminal history check with the FBI on yourself, (Fieldprint is great for that, it's $50), it's possible that OSP didn't do their job and clear your NICS/FBI record like they were supposed to, or maybe something else.

 

[brycejohnson]

I would recommend appealing it via the denied.docs email. I posted all that info earlier in the thread. They need to tell you why they denied.

I would also recommend running a criminal history check with the FBI on yourself, (Fieldprint is great for that, it's $50), it's possible that OSP didn't do their job and clear your NICS/FBI record like they were supposed to, or maybe something else.

Ok. They gave me kinda the same email it's denied.firearm one i will email them now.

 

[brycejohnson]

OSP said my denial was from the charges I had set-aside. He said my denial will stand and gave me a number to call to get set aside fixed and then I would have to purchase again.

 

[MrJoshuaYoder]

OSP said my denial was from the charges I had set-aside. He said my denial will stand and gave me a number to call to get set aside fixed and then I would have to purchase again.

Sounds like their expungement/set aside team at CJIS didn't properly get you cleared. That's frustrating!

 

[MrJoshuaYoder]

OSP said my denial was from the charges I had set-aside. He said my denial will stand and gave me a number to call to get set aside fixed and then I would have to purchase again.

That does give you grounds for a lawsuit if you wanted to go down that path.

 

[brycejohnson]

That does give you grounds for a lawsuit if you wanted to go down that path.

Was it expensive to sue? I can pull from my 401k if i have to it will be worth. Currently i am going to send my finger prints to shawn kollie and go from there.