Modifies the process for setting aside convictions, dismissals, contempt of court findings and guilty except for insanity judgments.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2639
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
on Judiciary for Representatives Thuy Tran, Jason Kropf)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes the process for setting aside offense convictions and dismissals and
contempt findings. The Act makes some of the same changes for setting aside GEI judgments.
(Flesch Readability Score: 62.7).
Modifies the process for setting aside convictions, dismissals, contempt of court findings and
guilty except for insanity judgments. Increases the waiting period for setting aside certain types of
contempt of court findings. Modifies when the court is required to hold a hearing on and grant
motions to set aside. Requires that the court enter an order within 120 days of granting a motion
to set aside. Specifies a process for when a person has outstanding financial obligations and au-
thorizes the court to waive such obligations under specified circumstances. Provides that the re-
quired time period prior to filing the motion, during which the person is required to have no
convictions, applies to motions to set aside convictions and certain arrests, charges and citations
only. Provides that the dismissal of a traffic violation citation may not be set aside.
Directs the Judicial Department to annually submit a report to the interim committees of the
Legislative Assembly related to the judiciary concerning motions to set aside.
A BILL FOR AN ACT
Relating to expungements; creating new provisions; and amending ORS 137.223 and 137.225.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 137.225, as amended by section 55, chapter 70, Oregon Laws 2024, is amended
to read:
137.225. (1)(a) At any time after the person becomes eligible as described in paragraph (b) of this
subsection, any person convicted of an offense , or found in contempt of court, who has fully
complied with and performed the sentence of the court for the offense or contempt finding , and
whose conviction or finding is described in subsection (5) of this section, by motion may apply to
the court where the conviction or finding was entered for entry of an order setting aside the con-
viction or finding. A person who is still under supervision or who has outstanding compensatory
fines or restitution as part of the sentence for the offense that is the subject of the motion has
not fully complied with or performed the sentence of the court. The fact that a person has out-
standing financial obligations, other than compensatory fines and restitution, that are part
of the sentence for the offense or finding that is the subject of the motion may not be con-
sidered when determining whether the person has fully complied with or performed the
sentence of the court.
(b) A person is eligible to file a motion under paragraph (a) of this subsection:
(A) For a Class B felony, seven years from the date of conviction or the release of the person
from imprisonment for the conviction sought to be set aside, whichever is later.
(B) For a Class C felony or a finding of a person in contempt of court for violating an order
related to abuse or a person crime , five years from the date of conviction or finding or the re-
lease of the person from imprisonment for the conviction or finding sought to be set aside, which-
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3538
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ever is later.
(C) For a Class A misdemeanor, three years from the date of conviction or the release of the
person from imprisonment for the conviction sought to be set aside, whichever is later.
(D) For a Class B or Class C misdemeanor, a violation or [ the] a finding of a person in contempt
of court not described in subparagraph (B) of this paragraph , one year from the date of con-
viction or finding or the release of the person from imprisonment for the conviction or finding
sought to be set aside, whichever is later.
(c) If no accusatory instrument is filed, at any time after 60 days from the date the prosecuting
attorney indicates that the state has elected not to proceed with a prosecution or contempt pro-
ceeding, an arrested, cited or charged person may apply to the court in the county in which the
person was arrested, cited or charged, for entry of an order setting aside the record of the arrest,
citation or charge.
(d) At any time after an acquittal or a dismissal other than a dismissal described in paragraph
(c) of this subsection, an arrested, cited or charged person may apply to the court in the county in
which the person was arrested, cited or charged, for entry of an order setting aside the record of
the arrest, citation or charge.
(e) Notwithstanding paragraph (b) of this subsection, a person whose sentence of probation was
revoked may not apply to the court for entry of an order setting aside the conviction or finding for
which the person was sentenced to probation for a period of three years from the date of revocation
or until the person becomes eligible as described in paragraph (b) of this subsection, whichever oc-
curs later.
(f) If the offense classification of a conviction has been reduced by the court, the appli-
cable time period under paragraph (b) of this subsection is the time period associated with
the reduced offense classification, calculated from the date of conviction or the release of
the person from imprisonment for the conviction sought to be set aside, whichever is later.
[(f)] (g) A person filing a motion under this section is not required to pay the filing fee estab-
lished under ORS 21.135.
(2)(a) A copy of the motion shall be served upon the office of the prosecuting attorney who
prosecuted the offense or charge of contempt , or who had authority to prosecute the charge if
there was no accusatory instrument filed. The prosecuting attorney may [ object] file an objection
to a motion filed under subsection (1)(a) of this section [ and shall notify the court and the person of
the objection ] within 120 days of the date the motion was filed with the court. The prosecuting
attorney shall notify the court and the person of the objection upon filing, and shall indicate
in the objection whether the objection is based on the circumstances and behavior of the
person. If the objection is not based on the circumstances and behavior of the person, the
prosecuting attorney shall further notify the person that the person has 33 calendar days
from the date of the filing of the objection to request a hearing.
(b) When a prosecuting attorney is served with a copy of a motion to set aside a conviction or
finding under subsection (1)(a) of this section, the prosecuting attorney shall provide a copy of the
motion and notice of the hearing date to the victim, if any, [ of the offense ] by mailing a copy of the
motion and notice to the victim’s last-known address. If the prosecuting attorney filed an ob-
jection under paragraph (a) of this subsection that is not based on the circumstances and
behavior of the person, the prosecuting attorney shall notify the victim that the victim has
33 calendar days from the date of the filing of the objection to request a hearing.
(c) When a person makes a motion under this section, the person shall forward to the Depart-
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ment of State Police a full set of the person’s fingerprints on a fingerprint card or in any other
manner specified by the department.
(d) When a person makes a motion under subsection (1)(a) of this section, the person must pay
a fee to the Department of State Police for the purpose of the department performing a criminal
record check. The department shall establish a fee in an amount not to exceed the actual cost of
performing the criminal record check. If the department is required to perform only one criminal
record check for the person, the department may only charge one fee, regardless of the number of
counties in which the person is filing a motion to set aside a conviction, finding arrest, charge or
citation under this section. The department shall provide a copy of the results of the criminal record
check to the prosecuting attorney.
(e) The prosecuting attorney may not charge the person a fee for performing the requirements
described in this section.
(3)(a) If an objection based on the circumstances or behavior of the person is received to
a motion filed under subsection (1)(a) of this section , or upon the request of the person or the
victim, the court shall hold a hearing, and may require the filing of such affidavits and may require
the taking of such proofs as the court deems proper. The court shall allow the victim to make a
statement at the hearing. If the person is otherwise eligible for relief under this section, the court
shall [ grant the motion and enter an order as described in paragraph (b) ] proceed to a financial
obligation waiver determination under paragraph (d) of this subsection or, if there are no
outstanding financial obligations on the offense or finding, proceed to paragraph (e) of this
subsection unless the court makes written findings, by clear and convincing evidence, that the cir-
cumstances and behavior of the person, from the date of the conviction or finding the person is
seeking to set aside to the date of the hearing on the motion, do not warrant granting the motion
due to the circumstances and behavior creating a risk to public safety. When determining whether
the person’s circumstances and behavior create a risk to public safety, the court may only consider
criminal behavior, or violations of regulatory law or administrative rule enforced by civil penalty
or other administrative sanction that relate to the character of the conviction or finding sought to
be set aside. The court may not consider nonpunitive civil liability, monetary obligations and motor
vehicle violations. [ Upon granting the motion, the court shall enter an appropriate order containing the
original arrest or citation charge, the conviction charge, if different from the original, the date of
charge, the submitting agency and the disposition of the charge. Upon the entry of the order, the person
for purposes of the law shall be deemed not to have been previously convicted, and the court shall issue
an order sealing the record of conviction and other official records in the case, including the records
of arrest, citation or charge. ]
(b) If the court receives an objection to a motion filed under subsection (1)(a) of this
section that is not based on the circumstances and behavior of the person and no request
for a hearing is received, the court shall deny the motion.
(c) If no objection to a motion filed under subsection (1)(a) of this section is received, the
court shall proceed to a financial obligation waiver determination under paragraph (d) of this
subsection or, if there are no outstanding financial obligations on the offense or finding,
proceed to paragraph (e) of this subsection.
(d) When conducting a financial obligation waiver determination under this subsection,
the court shall proceed as follows:
(A) The court may waive any remaining financial obligations owed by the person on the
offense or finding, other than compensatory fines or restitution.
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(B) The court shall waive any remaining financial obligations owed by the person on the
offense or finding, other than compensatory fines or restitution, if the date of the conviction
or finding occurred more than 10 years prior to the filing of the motion and the court is
setting aside all convictions, findings, arrests, citations or charges within the case.
(C) If the person has outstanding compensatory fines or restitution on the offense, or the
court decides not to waive any other remaining financial obligations owed by the person on
the offense, the court shall deny the motion.
(e) If the court waives financial obligations under paragraph (d)(A) or (B) of this sub-
section, or if there are no outstanding financial obligations on the offense or finding, the
court shall grant the motion and shall, within 120 days after the date of the hearing, or if
no objection was received, within 120 days after the conclusion of the time period during
which the prosecuting attorney may object under subsection (2)(a) of this section, enter an
appropriate order containing the original arrest or citation charge, the conviction or con-
tempt charge, if different from the original, the date of charge, the submitting agency and
the disposition of the charge. Upon the entry of the order, the person for purposes of the law
shall be deemed not to have been previously convicted, and the court shall issue an order
sealing the record of conviction or contempt finding and other official records in the case,
including the records of arrest, citation or charge.
[(b)] (f) The court shall grant a motion filed under subsection (1)(c) or (d) of this section[ , or
under subsection (1)(a) of this section if no objection to the motion is received, ] and shall , within 120
days after the date the motion was filed with the court, enter an appropriate order containing
the original arrest or citation charge, [ the conviction charge, if applicable and different from the ori-
ginal,] the date of charge, the submitting agency and the disposition of the charge. Upon the entry
of the order, the person for purposes of the law shall be deemed not to have been previously [ con-
victed,] arrested, cited or charged, and the court shall issue an order sealing all official records in
the case, including the records of arrest, citation or charge, whether or not the arrest, citation or
charge resulted in a further criminal proceeding.
(4) The clerk of the court shall forward a certified copy of the order to such agencies as directed
by the court. A certified copy must be sent to the Department of Corrections when the order con-
cerns a conviction. Upon entry of the order, the conviction, arrest, citation, charge or other pro-
ceeding shall be deemed not to have occurred, and the person may answer accordingly any questions
relating to its occurrence.
(5) The provisions of subsection (1)(a) of this section apply to [ a conviction for ] the following
convictions and findings:
(a) A Class B felony, except for a violation of ORS 166.429 or any crime classified as a person
felony as defined in the rules of the Oregon Criminal Justice Commission.
(b) Any misdemeanor, Class C felony or felony punishable as a misdemeanor pursuant to ORS
161.705.
(c) An offense constituting a violation under state law or local ordinance.
(d) An offense committed before January 1, 1972, that, if committed after that date, would qualify
for an order under this section.
(e) The finding of a person in contempt of court.
(6) Notwithstanding subsection (5) of this section, the provisions of subsection (1)(a) of this sec-
tion do not apply to a conviction for:
(a) Criminal mistreatment in the second degree under ORS 163.200 if the victim at the time of
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the crime was 65 years of age or older.
(b) Criminal mistreatment in the first degree under ORS 163.205 if the victim at the time of the
crime was 65 years of age or older, or when the offense constitutes child abuse as defined in ORS
419B.005.
(c) Endangering the welfare of a minor under ORS 163.575 (1)(a), when the offense constitutes
child abuse as defined in ORS 419B.005.
(d) Criminally negligent homicide under ORS 163.145, when that offense was punishable as a
Class C felony.
(e) Assault in the third degree under ORS 163.165 (1)(h).
(f) Any sex crime, unless:
(A) The sex crime is listed in ORS 163A.140 (1)(a) and:
(i) The person has been relieved of the obligation to report as a sex offender pursuant to a court
order entered under ORS 163A.145 or 163A.150; and
(ii) The person has not been convicted of, found guilty except for insanity of or found to be
within the jurisdiction of the juvenile court based on a crime for which the court is prohibited from
setting aside the conviction under this section; or
(B) The sex crime constitutes a Class C felony and:
(i) The person was under 16 years of age at the time of the offense;
(ii) The person is:
(I) Less than two years and 180 days older than the victim; or
(II) At least two years and 180 days older, but less than three years and 180 days older, than
the victim and the court finds that setting aside the conviction is in the interests of justice and of
benefit to the person and the community;
(iii) The victim’s lack of consent was due solely to incapacity to consent by reason of being less
than a specified age;
(iv) The victim was at least 12 years of age at the time of the offense;
(v) The person has not been convicted of, found guilty except for insanity of or found to be
within the jurisdiction of the juvenile court based on a crime for which the court is prohibited from
setting aside the conviction under this section; and
(vi) Each conviction or finding described in this subparagraph involved the same victim.
(7)(a) Notwithstanding subsection (5) of this section, the provisions of subsection (1) (a) of this
section do not apply to:
[(a)] (A) A conviction for a state or municipal traffic offense.
[(b)] (B) A person convicted[ , within the following applicable time period immediately preceding
the filing of the motion pursuant to subsection (1) of this section, ] of any other offense, excluding mo-
tor vehicle violations and unlawful possession of a controlled substance constituting a drug
enforcement misdemeanor as described in section 35, chapter 70, Oregon Laws 2024, or found in
contempt of court for violating an order related to abuse or a person crime, within the fol-
lowing applicable time period immediately preceding the filing of the motion pursuant to
subsection (1)(a) of this section, whether or not the other conviction is for conduct associated
with the same criminal episode that caused the [ arrest, citation, charge or ] conviction , or with the
same course of conduct that caused the finding, that is sought to be set aside:
[(A)] (i) For a motion concerning a Class B felony, seven years.
[(B)] (ii) For a motion concerning a Class C felony or a finding of a person in contempt of
court for violating an order related to abuse or a person crime , five years.
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[(C)] (iii) For a motion concerning a Class A misdemeanor, three years.
[(D)] (iv) For a motion concerning a Class B or Class C misdemeanor a violation or a finding
of contempt of court not described in sub-subparagraph (ii) of this subparagraph , one year.
(C) A person who at the time the motion described in this section is pending before the
court is under charge of commission of any crime or contempt of court for violating an order
related to abuse or a person crime.
[(c)] (b) A single violation, other than a motor vehicle violation, within the time period specified
in paragraph [ (b)] (a)(B) of this subsection is not a conviction under this subsection.
Notwithstanding subsection (1) of this section, a conviction that has been set aside under this sec-
tion shall be considered for the purpose of determining whether paragraph [ (b)] (a)(B) of this sub-
section is applicable.
[(d) A person who at the time the motion authorized by subsection (1) of this section is pending
before the court is under charge of commission of any crime. ]
(8) The provisions of subsection (1)(c) or (d) of this section do not apply to :
(a) An arrest or citation for driving while under the influence of intoxicants if the charge is
dismissed as a result of the person’s successful completion of a diversion agreement described in
ORS 813.200.
(b) The dismissal of a citation for a traffic violation.
(c) A person who at the time the motion described in this section is pending before the
court is under charge of commission of any crime or contempt of court for violating an order
related to abuse or a person crime.
(d) For a motion concerning an arrest, citation or charge for a crime constituting do-
mestic violence, a sex crime or any other person felony or person Class A misdemeanor, as
those terms are defined in the rules of the Oregon Criminal Justice Commission, a person
convicted of any other offense, excluding motor vehicle violations, or found in contempt of
court for violating an order related to abuse or a person crime, within the three years im-
mediately preceding the filing of the motion pursuant to subsection (1)(c) or (d) of this sec-
tion, whether or not the other conviction or finding is for conduct associated with the same
criminal episode that caused the arrest, citation or charge that is sought to be set aside.
(9) The provisions of subsection (1) of this section apply to convictions, findings, arrests, cita-
tions and charges that occurred before, as well as those that occurred after, September 9, 1971.
There is no time limit for making an application.
(10) For purposes of any civil action in which truth is an element of a claim for relief or affir-
mative defense, the provisions of subsection (3) of this section providing that the conviction, finding,
arrest, citation, charge or other proceeding be deemed not to have occurred do not apply and a
party may apply to the court for an order requiring disclosure of the official records in the case as
may be necessary in the interest of justice.
(11)(a) Upon motion of any prosecutor or defendant in a case involving records sealed under this
section, supported by affidavit showing good cause, the court with jurisdiction may order the reo-
pening and disclosure of any records sealed under this section for the limited purpose of assisting
the investigation of the movant. However, such an order has no other effect on the orders setting
aside the conviction or finding, or the arrest, citation or charge record.
(b) Notwithstanding paragraph (a) of this subsection, when an arrest, citation or charge de-
scribed in subsection (1)(c) of this section is set aside, a prosecuting attorney may, for the purpose
of initiating a criminal proceeding within the statute of limitations, unseal the records sealed under
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this section by notifying the court with jurisdiction over the charge, record of arrest or citation.
The prosecuting attorney shall notify the person who is the subject of the records of the unsealing
under this paragraph by sending written notification to the person’s last known address.
(12) The State Court Administrator shall create forms to be used throughout the state for
motions and proposed orders described in this section.
(13) As used in this section:
(a) “Affidavit” includes a declaration under penalty of perjury.
(b) “Domestic violence” has the meaning given that term in ORS 135.230.
(c) “Order related to abuse or a person crime” means:
(A) A court order issued under ORS 107.095 (1)(c) or (d), 107.700 to 107.735, 124.005 to
124.040, 133.035, 135.247 or 163.760 to 163.777; or
(B) A court order arising from a criminal case involving a crime constituting domestic
violence, a sex crime or any other person felony or person Class A misdemeanor, as those
terms are defined in the rules of the Oregon Criminal Justice Commission.
[(b)] (d) “Sex crime” has the meaning given that term in ORS 163A.005.
SECTION 2.
ORS 137.223 is amended to read:
137.223. (1) A person who has been found guilty except for insanity of an offense for which, if
convicted, the person could apply for entry of an order setting aside the conviction pursuant to ORS
137.225, may by motion apply to the court for entry of an order setting aside the judgment finding
the person guilty except for insanity of the offense.
(2)(a) A person described in subsection (1) of this section may file the motion to set aside a
judgment of guilty except for insanity any time after the following time periods:
(A) For a judgment of guilty except for insanity on a Class B felony, seven years from the date
of entry of the judgment or the date the person is no longer under the jurisdiction of the Psychiatric
Security Review Board, whichever is later.
(B) For a judgment of guilty except for insanity on a Class C felony, five years from the date
of entry of the judgment or the date the person is no longer under the jurisdiction of the board,
whichever is later.
(C) For a judgment of guilty except for insanity on a Class A misdemeanor, three years from the
date of entry of the judgment or the date the person is no longer under the jurisdiction of the board,
whichever is later.
(D) For a judgment of guilty except for insanity on a Class B or Class C misdemeanor, one year
from the date of entry of the judgment or the date the person is no longer under the jurisdiction
of the board, whichever is later.
(b) A person is eligible to have a judgment of guilty except for insanity set aside under this
section if the person has no other findings of guilty except for insanity and no convictions for of-
fenses other than motor vehicle violations within the following time periods prior to filing the mo-
tion:
(A) For a motion concerning a judgment of guilty except for insanity on a Class B felony, seven
years.
(B) For a motion concerning a judgment of guilty except for insanity on a Class C felony, five
years.
(C) For a motion concerning a judgment of guilty except for insanity on a Class A misdemeanor,
three years.
(D) For a motion concerning a judgment of guilty except for insanity on a Class B or Class C
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misdemeanor, one year.
(3)(a) A copy of the motion shall be served upon the office of the prosecuting attorney who
prosecuted the offense. The prosecuting attorney may [ object] file an objection to the motion [ filed
and shall notify the court and the person of the objection ] within 120 days of [ receiving the motion ]
the date the motion was filed with the court . The prosecuting attorney shall notify the court
and the person of the objection upon filing, and shall indicate in the objection whether the
objection is based on the circumstances and behavior of the person. If the objection is not
based on the circumstances and behavior of the person, the prosecuting attorney shall fur-
ther notify the person that the person has 33 calendar days from the date of the filing of the
objection to request a hearing.
(b) When a prosecuting attorney is served with a copy of a motion to set aside a judgment of
guilty except for insanity under this section, the prosecuting attorney shall provide a copy of the
motion and notice of the hearing date to the victim, if any, of the offense by mailing a copy of the
motion and notice to the victim’s last-known address. If the prosecuting attorney filed an ob-
jection under paragraph (a) of this subsection that is not based on the circumstances and
behavior of the person, the prosecuting attorney shall notify the victim that the victim has
33 calendar days from the date of the filing of the objection to request a hearing.
(c) When a person files a motion under this section, the person must pay a fee to the Department
of State Police for the purpose of the department performing a criminal record check, and shall
forward to the department a full set of the person’s fingerprints on a fingerprint card or in any other
manner specified by the department. The department shall establish a fee in an amount not to ex-
ceed the actual cost of performing the criminal record check. If the department is required to per-
form only one criminal record check for the person, the department may only charge one fee,
regardless of the number of counties in which the person is filing a motion to set aside a conviction,
arrest, charge or citation under this section. The department shall provide a copy of the results of
the criminal record check to the prosecuting attorney.
(d) A person filing a motion under this section is not required to pay the filing fee established
under ORS 21.135.
(4)(a) If an objection based on the circumstances or behavior of the person is received to
a motion filed under this section , or upon the request of the person or the victim , the court shall
hold a hearing, and may require the filing of such affidavits and may require the taking of such
proofs as the court deems proper. The court shall allow the victim to make a statement at the
hearing. If the person is otherwise eligible for relief under this section, the court shall grant the
motion and , within 120 days after the date of the hearing, enter an order as described in para-
graph [ (b)] (d) of this subsection unless the court makes written findings, by clear and convincing
evidence, that the circumstances and behavior of the person, from the date of the judgment the
person is seeking to set aside to the date of the hearing on the motion, do not warrant granting the
motion due to the circumstances and behavior creating a risk to public safety. When determining
whether the person’s circumstances and behavior create a risk to public safety, the court may only
consider criminal behavior, or violations of regulatory law or administrative rule enforced by civil
penalty or other administrative sanction that relate to the character of the conviction sought to be
set aside. The court may not consider nonpunitive civil liability, monetary obligations and motor
vehicle violations.
(b) If no objection to the motion filed under this section is received, the court shall grant
the motion and, within 120 days after the conclusion of the time period during which the
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prosecuting attorney may object under subsection (3)(a) of this section, enter an order as
described in paragraph (d) of this subsection.
(c) If the court receives an objection that is not based on the circumstances and behavior
of the person and no request for a hearing is received, the court shall deny the motion.
[(b)] (d) An order entered under this subsection shall state the original arrest charge and the
charge for which the person was found guilty except for insanity. The order shall further state that
positive identification has been established by the Department of State Police and further identified
as to Department of State Police number or submitting agency number.
(5)(a) Upon the entry of an order under subsection (4) of this section:
(A) The person, for purposes of the law, shall be deemed not to have been previously found
guilty except for insanity, and the court shall issue an order sealing the records of the case, in-
cluding the records of arrest, whether or not the arrest resulted in a further criminal proceeding.
(B) The court shall inform the person that the person’s right to possess, purchase or otherwise
acquire a firearm remains prohibited under federal law.
(b) For purposes of this subsection, records of the case do not include medical records that are
in the possession of the Psychiatric Security Review Board, including medical evaluations and re-
ports submitted from other agencies concerning the status or compliance of the person.
(6) The clerk of the court shall forward a certified copy of the order entered under subsection
(5) of this section to such agencies as directed by the court. A certified copy shall be sent to the
Psychiatric Security Review Board. Upon entry of the order, the judgment of guilty except for in-
sanity shall be deemed not to have been entered, and the person may answer accordingly any
questions relating to its occurrence.
(7) For purposes of any civil action in which truth is an element of a claim for relief or affir-
mative defense, the provisions of subsection (6) of this section providing that the judgment of guilty
except for insanity be deemed not to have been entered do not apply and a party may apply to the
court for an order requiring disclosure of the official records in the case as may be necessary in the
interests of justice.
(8) Upon motion of any prosecutor or defendant in a case involving records sealed under this
section, supported by affidavit showing good cause, the court with jurisdiction may order the reo-
pening and disclosure of any records sealed under this section for the limited purpose of assisting
the investigation of the movant. However, such an order has no other effect on the orders setting
aside the judgment of guilty except for insanity.
(9) A prosecuting attorney may not condition an agreement not to object to the entry of a
judgment of guilty except for insanity on an agreement by a person to waive the ability to set aside
the judgment under this section.
(10) As used in this section, “affidavit” includes a declaration under penalty of perjury.
SECTION 3.
No later than January 1, 2027, and annually thereafter, the Judicial Depart-
ment shall submit a report to the interim committees of the Legislative Assembly related
to the judiciary, in the manner described in ORS 192.245, concerning the setting aside of ar-
rests, citations, charges, convictions and contempt of court findings under ORS 137.225 and
judgments of guilty except for insanity under ORS 137.223. The report may include a de-
scription of additional resources the department requires in order to fulfill the department’s
duties under ORS 137.223 and 137.225.
SECTION 4. The amendments to ORS 137.223 and 137.225 by sections 1 and 2 of this 2025
Act apply to motions filed on or after the effective date of this 2025 Act.
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HB 2639
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