Oregon Court of Appeals Affirms: Expungement Under ORS 137.225 Restores Gun Rights (February 25, 2025)
A recent decision by the Oregon Court of Appeals has confirmed that a criminal conviction set aside under ORS 137.225 fully restores an individual’s right to possess firearms. This ruling is a significant victory for Oregonians seeking to reclaim their Second Amendment rights after successfully expunging their records.
Understanding Oregon’s Expungement Law and Gun Rights Restoration
Under ORS 137.225, individuals who meet specific criteria can petition to have their criminal records set aside. When a conviction is set aside, it is legally deemed not to have occurred, allowing the petitioner to move forward without the burden of a past offense. However, the Oregon State Police and the National Instant Criminal Background Check (NICS) have denied firearm purchases for individuals who had their convictions set aside. The ruling in Mohiadeen v. Washington County Sheriff’s Office, 338 Or App 29 (2025), clarifies this issue. While the court upheld the denial of the petitioner’s concealed carry permit, it provided crucial guidance on the interpretation of Oregon’s expungement statutes and their impact on firearm rights.
In Mohiadeen, the petitioner was convicted of a felony in California in 2015. After completing probation, the petitioner filed a motion to reduce his conviction under Cal Penal Code section 17(b), early termination of his probation under Cal Penal Code section 1203.3, and a plea change and dismissal of the charge under Cal Penal Code 1203.4. The petitioner, now an Oregon resident, applied for a concealed carry permit in 2022 with the Washington County Sheriff’s Office. The Washington County Sheriff’s Office denied the concealed carry permit based on the California conviction. The petitioner then appealed that denial to the Washington County Circuit Court, and the court ultimately overturned the permit denial. The sheriff then appealed that decision to the Oregon Court of Appeals, which ultimately reversed the decision and said that the California process is not similar enough to an Oregon expungement. The Court of Appeals determined that California’s expungement process differs significantly from Oregon’s. Notably, California law does not automatically restore firearm rights upon expungement, whereas Oregon’s does. As a result, the Sheriff correctly denied the concealed carry permit application.
In its analysis, the Oregon Court of Appeals expressly answered a very important question: Under ORS 166.291(2), what did the legislature mean by “record expunged under the laws of this state [Oregon]?” The court explained in clear and plain language that an “expungement” is a motion filed under ORS 137.225, and that an “expungement” restores a person’s right to apply for a concealed carry permit under ORS 166.291. We can then infer that a person who had their felony conviction set aside under ORS 137.225 also has their right to possess firearms restored (and therefore they cannot be charged with felon in possession of a firearm under ORS 166.270).
The Oregon Court of Appeals has now settled this issue, affirming that a successful set-aside restores not only civil rights but also the right to possess a firearm.
What the Court’s Decision Means for Gun Owners in Oregon
For those who have had past convictions expunged, this ruling provides much-needed clarity. It confirms that once a conviction is set aside, individuals regain their full rights under state law, including the right to own and carry firearms. However, if an individual is still denied a firearm purchase despite expungement, they may need to challenge the denial through an appeal or additional legal action (possibly a gun rights restoration petition). It confirms that once a conviction is set aside, individuals regain their full rights under state law, including the right to own and carry firearms. This is especially critical for those who had been denied firearm ownership due to past convictions that have since been legally erased.
Anyone seeking to purchase or possess firearms after a felony conviction or conviction of a misdemeanor of domestic violence should consult with an experienced Oregon firearms attorney to navigate both state and federal laws.
How an Oregon Gun Rights Attorney Can Help
If you have had a conviction set aside and wish to ensure your firearm rights are fully restored, an experienced gun rights attorney can guide you through the legal complexities. Our firm specializes in defending and restoring Second Amendment rights for Oregonians. We can assess your eligibility (relying on a fingerprint-verified background check), provide strategic legal counsel, and help you take the necessary steps to assert your rights.
Contact Us for a Consultation
If you believe this ruling impacts your rights or have questions about Oregon’s expungement laws, contact our firm today. We are dedicated to protecting the rights of responsible gun owners and ensuring that individuals who have had their records set aside can fully exercise their Second Amendment freedoms.
For more information on Oregon gun laws, expungement, and firearms rights restoration, stay tuned to our blog for updates and expert legal insights.