Oregon Statutes 105.164 – Setting aside old judgments by courts
(1) On an annual basis, each justice and circuit court shall enter an order setting aside a judgment and sealing the official records for each case for possession brought under ORS Chapter 90 for which the court finds that:
Terms Used In Oregon Statutes 105.164
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) The judgment does not contain a money award or that any money award has expired or been satisfied or discharged; and
(b)(A) The judgment was a judgment of restitution entered for the plaintiff and at least five years have passed from the date of the judgment; or
(B) The judgment was a judgment by stipulation of the parties under ORS § 105.145 (2) and at least 12 months have passed from the date of the judgment.
(2) Upon entry of the order, the judgment that is the subject of the motion is deemed not to have been entered, and any party may answer accordingly any questions relating to its occurrence.
(3) Nothing in this section limits the ability of a defendant to apply for an order under ORS § 105.163. [2023 c.13 § 65]
Section 66, chapter 13, Oregon Laws 2023, provides:
(1) Section 65 of this 2023 Act [105.164] does not apply to judgments entered on or before January 1, 2014.
(2) Each justice and circuit court shall conduct a review of its records and enter its first order under section 65 of this 2023 Act on or before December 31, 2024. [2023 c.13 § 66]