How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney2 Your Own Question
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7203
Experience:  29 Years In General Practice,
68197583
Type Your Legal Question Here...
Attorney2 is online now
A new question is answered every 9 seconds

Oregon Civil Law Question -- I am currently going through

Customer Question

Oregon Civil Law Question -- I am currently going through the process to restore my right to possess a firearm, and would like to speak with an attorney about what types of information is commonly presented to satisfy the requirement of "clear and convincing evidence that the petitioner does not pose a threat to the safety of the public or the petitioner". Note that I have already submitted the petition, and a call date has been set.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon Jerry,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As you have asked to speak to an attorney, which will require a phone call, I will offer you that Premium Service and I'll process that offer to you after I get this posted to your question thread.

After you accept my offer of the phone call, would you please provide your phone number? After you do that, please send me a quick Reply to let me know that you have posted the number, so I can call you.

Thanks in advance,

Doug

Customer: replied 1 year ago.
Hello - I think I'll probably just stick with email correspondence for now, but appreciate the offer!
Expert:  LawTalk replied 1 year ago.

Hi,

I apologize for the delay. I was on a lengthy call with another customer and I just got off the phone.

Given the time of day, and the complexity of trying to explain how one goes about submitting proof of the nature that you need, which could require a couple of hours of back and forth in writing, and because you have decided that you now don't care to speak with an attorney, I will opt out and open this to other Professionals on the site.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  Attorney2 replied 1 year ago.

Welcome and thank you for your question. The attorney that you were working with opted out of your question and decided not to continue working with you. The site asked me if I would assist you.

I am happy to work within this format at no additional charge to you. Can you the situation that caused you to lose your rights?

Customer: replied 1 year ago.
Thank you for your reply. My conviction was approximately 8 years ago, and was drug (marijuana) related. I pled guilty to two class A felonies for distribution of a controlled substance, and was placed on probation -- no jail time, but was required to pay fines and complete probation and community service.
Expert:  Attorney2 replied 1 year ago.
My apologies I was offline for awhile and did not get notification of your response until a few minutes ago. Thank you for the clarification.
Expert:  Attorney2 replied 1 year ago.
You can have your record expunged after three years under a class C or B Felony. Class A is a different matter. You would want to try to have the felony reduced to class C if possible.
Expert:  Attorney2 replied 1 year ago.
Once the felony is reduced you would be able to petition for an expungement of your record to restore your rights. Where in Oregon are you located so I can find a link for local attorneys that provide FREE consultations?
Expert:  Attorney2 replied 1 year ago.
I am providing this link for informational purposes http://www.expungement.pro
Expert:  Attorney2 replied 1 year ago.
Based on current events you would want to move on this sooner rather than later as I do see gun reform coming.
Customer: replied 1 year ago.
Hello - I have spoken with a lawyer previously, and expungement is not currently an option for me, which is why I'm going through the process to petition for my firearms rights restoration as previously mentioned. Note ORS 166.274. My question is specific to this statute in which evidence must be presented to prove that I'm not a threat to the public (see original question). That petition has already been filed and a call date is set. The original question was:what type of information is commonly presented to satisfy the requirement of "clear and convincing evidence that the petitioner doesnot pose a threat to the safety of the public or the petitioner"
Expert:  Attorney2 replied 1 year ago.
http://ccresourcecenter.org/state-restoration-profiles/oregon-restoration-of-rights-pardon-expungement-sealing/
Expert:  Attorney2 replied 1 year ago.
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2010orLaw0086.html
Expert:  Attorney2 replied 1 year ago.
http://www.publications.ojd.state.or.us/docs/S060384.pdf
Customer: replied 1 year ago.
Thank you. As mentioned in my original question, I'm looking for specific examples of evidence submitted in similar cases which speaks to the requirement of the statute that "the petitioner does not pose a threat to the safety of the public or the petitioner". I'm familiar with the statute at this point, and not really needing any additional clarification on that. However, I want to ensure the best possible chance to successfully petitioning the court for relief, and am looking for ways which I can prove through clear and convincing evidence that I'm not a threat to the safety of the public. For example, is it common to voluntarily produce a psychological evaluation? A clean drug test? What have other petitioners done in previous cases that contributed to the success of the case?
Expert:  Attorney2 replied 1 year ago.
You just need to be able to show this was a non violent crime and you are not a threat. I did not realize you wanted the site to make you case for you.
Expert:  Attorney2 replied 1 year ago.
JA is a general information site. You would need to hire a local attorney to research the case law and provide you with arguments you are seeking