Yes, in Oregon, if your felony record has been expunged under Oregon's state expunction laws, you are generally not prohibited from possessing a firearm under state law.
Understanding Expungement in Oregon
Expungement, often referred to as "setting aside" a conviction in Oregon, is a legal process that can clear certain criminal records. When a record is expunged, it's typically treated as if the conviction never occurred for many purposes. This process aims to give individuals a fresh start, allowing them to overcome barriers to employment, housing, and other opportunities that a criminal record might present.
Impact on Firearm Rights in Oregon
For firearm possession, Oregon law specifically addresses expunged records. The Oregon statutes, including ORS 166.250, ORS 166.255, and ORS 166.270, outline the legal framework for firearm rights. Importantly, these state laws explicitly declare that an individual whose criminal record has been expunged in accordance with Oregon's state expunction laws is not prohibited from owning or possessing a firearm. This means that once your felony conviction is properly expunged by an Oregon court, your state-level right to possess a firearm is typically restored.
Key Considerations and Nuances
While Oregon state law is clear on this matter, it's crucial to understand the broader context:
- State vs. Federal Law: It's vital to recognize that the expungement of a state felony conviction under Oregon law primarily affects your rights under Oregon state law. Federal law (18 U.S.C. 922(g)(1)) has its own criteria for who is prohibited from possessing firearms. Generally, a person convicted of a felony punishable by imprisonment for a term exceeding one year is federally prohibited. While some state expungements can negate a federal firearms disability if they completely restore civil rights (including the right to vote, serve on a jury, and hold public office) and do not restrict firearm possession, the nuances can be complex.
- Completeness of Expungement: Ensure that the expungement process was fully completed and applies to the specific conviction that would otherwise prohibit firearm possession. A successful expungement typically means the court order has been issued and processed, removing the conviction from your public record for most purposes.
- Other Prohibitions: Even with an expunged felony, other factors could still prohibit you from owning a firearm, such as:
- Being subject to a domestic violence restraining order.
- Being convicted of a misdemeanor crime of domestic violence.
- Being adjudicated as mentally defective or committed to a mental institution.
- Being an unlawful user of or addicted to any controlled substance.
- Being a fugitive from justice.
Practical Steps
If you have an expunged felony and are considering firearm ownership in Oregon:
- Verify Your Expungement: Confirm that your felony conviction has been fully and legally expunged under Oregon law. Obtain copies of the court orders.
- Understand Federal Implications: While Oregon law allows firearm possession after expungement, it is advisable to consult with an attorney knowledgeable in both Oregon and federal firearms law to understand any potential federal implications, especially regarding the restoration of civil rights and the specific nature of your expunged felony.
- Background Checks: Be aware that when purchasing a firearm from a licensed dealer, a federal background check (NICS) will be conducted. The effectiveness of an Oregon state expungement in clearing a federal firearms prohibition depends on whether the expungement completely restores your civil rights and how federal law interprets that specific expungement.
