Mohiadeen v. Washington County Sheriff’s Office

An applicant is not eligible for an Oregon concealed handgun license if they have ever been convicted of a felony, unless that conviction was expunged under Oregon law or an equivalent out of state law.

Following a 2016 felony conviction in the state of California, Petitioner  had his felony reduced to a misdemeanor and partially removed from his record in 2018, also in California. In Oregon, an applicant cannot obtain a concealed handgun license if they have been convicted of a felony; however they might be eligible if they had that felony conviction later expunged. In 2022, Petitioner applied for an Oregon concealed handgun license and was denied because of his prior felony conviction. The trial court found that Petitioner's felony record had been expunged under California law substantially equivalent to Oregon law and ordered the sheriff to issue the license to Petitioner. On appeal, the sheriff argued the two states’ laws were not substantially equivalent and that ORS 166.291 does not provide a basis in which the expungement of a felony conviction in California would be treated the same in Oregon. The Oregon Court of Appeals, through interpreting ORS 166.291 and applicable Oregon and California laws, determined that a person applying for an Oregon concealed handgun license was not eligible if they have ever been convicted of a felony, unless that conviction was expunged under Oregon law or an equivalent out of state law. Here, the court held for the sheriff and found that the laws were not equivalent, reversing and remanding the trial court’s decision.