Oregon Discretionary Resentencing Under Senate Bill 819

A felony conviction can affect your life long after you finish your sentence. You may have completed probation, maintained steady employment, and stayed out of trouble, but still face restrictions on where you can work or live. If the conviction cannot be expunged, Oregon’s district attorney discretionary resentencing process, also known as Senate Bill 819, or ORS 137.218, may offer a way to address it.

The law gives district attorneys considerable control over whether a discretionary resentencing application moves forward. Before spending time and money on an application, it helps to understand what relief you need and how the county where you were sentenced handles these requests. A consultation with an experienced rights restoration attorney can be invaluable.

What is Discretionary Resentencing?

Senate Bill 819, commonly called SB 819, created Oregon’s discretionary resentencing law. It is now codified at ORS 137.218, although many county policies and applications still use the bill number.

The law allows a person convicted of a felony and the district attorney to jointly ask the sentencing court to reconsider a conviction or sentence. Their agreement may include dismissing charges, vacating a conviction, resentencing on the original conviction, or entering a plea to an alternative offense. The court decides whether the original sentence no longer advances the interests of justice. ORS 137.218

Who should consider discretionary resentencing?

This page focuses on people dealing with the continuing consequences of a conviction after completing their sentences. These are often called collateral consequences. They can include difficulty obtaining a professional license, qualifying for housing, or accepting a particular job.

Discretionary resentencing can also involve requests for early release from incarceration or claims of actual innocence. Those cases require a different approach.

For a collateral-consequences application, explain the problem the conviction causes today, what has changed since sentencing, and how the requested relief would help.

What kinds of convictions can be reconsidered?

ORS 137.218 applies to people sentenced for felony offenses and excludes some high-level crimes like aggravated murder. The felony conviction must not be eligible to be set aside under ORS 137.225. District attorneys may have additional restrictions. Meeting the statutory requirements does not mean the DA will agree to relief. ORS 137.218

The most common successful cases we have seen involve Class A felony drug convictions and Burglary in the First Degree. That reflects our experience, not a rule about which cases will be approved. The individual circumstances and the county matter.

Should I check expungement eligibility first?

Yes. If your conviction qualifies for expungement, also called a set-aside, start there. Discretionary resentencing requires the DA’s agreement and applies to convictions that are not eligible for a set-aside under ORS 137.225.

How much does the county matter?

A great deal. This really is county by county.

In our experience, Multnomah County has been inconsistent in accepting applications. Lane and Linn counties have given applications a fair look, although the process can be slow. Other counties that I will not name are highly unlikely to approve even a righteous application. Being willing to review an application does not mean an office will approve it, and there is not necessarily any funding for the District Attorney’s office to review it.

Published policies also differ. Yamhill County emphasizes deference to the original sentence and rejects incomplete applications. Klamath County says only “rare and extraordinary” cases will result in a joint petition. Yamhill application, Klamath policy

Check the current policy in the county where you were sentenced before preparing your packet. Requirements and practices can change.

Can a judge grant relief if the District Attorney says no?

Under this process, the DA must join the petition. You cannot take the application directly to the court and ask the judge to override the DA’s refusal. ORS 137.218 does not provide an appeal process for that refusal. ORS 137.218

That matters when deciding how much to spend. An attorney can help prepare and evaluate your request, but cannot make the district attorney agree.

What should I include in my application?

We think about an application in two parts: the records explaining the case and the material showing your life since the conviction.

The records may include the charging document, plea paperwork, judgments, court docket, police reports, and criminal history. Some counties require prison or supervision records showing programs completed, violations, sanctions, and discharge. Follow the county’s checklist.

The supporting material usually includes your personal statement, letters of support, and evidence of treatment, education, employment, or community involvement.

Document the current problem, too. A licensing denial or an employer’s explanation can help show why you are requesting a change.

What should my personal statement say?

Your personal statement is the centerpiece of the application. Explain what happened, your responsibility for it, and how you have lived since then. Identify what you want changed and why.

Use details you can support. Explain when you completed treatment, how long you have held your job or what responsibilities you now have.

Write in your own voice. The statement should give the reader a credible account of your life today. An attorney’s review can help guide your statement.

What makes a useful support letter?

A useful letter explains how the writer knows you and what they have personally observed.

An employer might describe your reliability and responsibilities. A counselor might discuss your participation and progress. A family member might explain changes they have seen over time.

Ask writers to include how long they have known you and their contact information. Specific examples are more useful than general praise.

How can an attorney help with the application?

An experienced attorney can identify missing records, address inconsistencies, and help determine what relief to request. The proposed change needs to address your actual problem. A change to the conviction will not necessarily remove every employment or licensing restriction.

At Lohrke Law, we offer full service or limited-scope assistance, including with records retrieval and application review.

Limited-scope assistance lets you get legal help with the parts that need it while doing some of the preparation yourself.

What happens if the district attorney agrees?

You and the DA file a joint petition describing the agreement. The court must hold a hearing and determine whether to grant relief. The statute also requires notice to victims and an opportunity for their input. ORS 137.218

If the case reaches that stage, Lohrke Law can provide court representation.

Does discretionary resentencing clear my record?

It does not automatically seal your record. Expungement is a separate process with its own eligibility requirements. Whether it becomes available depends on the result of the resentencing and the applicable set-aside rules.

Afterward, confirm that the court record and relevant criminal-history records reflect the change. Lohrke Law can help with record updates and evaluate whether expungement is available.

How do I get started?

Check your county’s policy and talk to a lawyer to get some initial advice before starting.

If you would like help preparing your application, contact Lohrke Law to discuss full service or limited-scope review. We can identify missing information, review your statement, and help you present a clear request to the district attorney.