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Relief From The Oregon Sex Offender Registration
Registration in Oregon lasts for life unless a court or the Board of Parole and Post Prison Supervision grants relief. Whether your registration requirement comes from a juvenile adjudication or an adult conviction, Lohrke Law can help with your relief case.
Relief from Sex Offender Registration in Oregon
Oregon has more than one path to relief from sex offender registration.The right path depends on the offense, whether the case was an adult convictionor a juvenile adjudication, and the person’s registration history. Somerequests go to the Oregon Board of Parole and Post-Prison Supervision; othersgo to court.
Relief for Adult Convictions
Most eligible adults seek relief through the Board of Parole andPost-Prison Supervision under ORS 163A.125. Generally, a person must beclassified at Notification Level I and wait five years after supervision forthe sex crime ends, or five years after discharge from the court’s jurisdictionif there was no supervision. Additional restrictions apply, includingrestrictions based on the offense and subsequent criminal history.
At a Board hearing, the petitioner must prove by clear and convincingevidence that they are statistically unlikely to reoffend and do not pose athreat to public safety. The Board considers the offense, time withoutreoffending, supervision and treatment history, and stability and support inthe community. A person classified at Level II or III may be eligible to seekreclassification, which is a separate process.
Relief for Juvenile Adjudications
A person required to register because of an Oregon juvenile adjudicationgenerally petitions the juvenile court under ORS 163A.130. For an act thatwould be a Class A or B felony sex crime if committed by an adult, the petitiongenerally cannot be filed until two years after juvenile court jurisdictionends. For a Class C felony sex crime, it may be filed as early as 30 daysbefore jurisdiction ends, although relief cannot be granted before jurisdictionends. Separate timing rules apply when the person is under the jurisdiction ofthe Psychiatric Security Review Board.
The petitioner must prove by clear and convincing evidence that they arerehabilitated and do not pose a threat to public safety. The court can considertreatment, conduct since the adjudication, completion of supervision, thecircumstances of the offense, and other relevant evidence.
A Separate Court Path: ORS 163A.140
ORS 163A.140 offers a different path for certain offenses involving ayounger victim. It applies only to specified offenses and requires, among otherthings, that the victim was at least 14, the person was less than five yearsolder than the victim, and the victim’s lack of consent was based solely onage. The statute also addresses other sex crime convictions or adjudicationsand requires that each qualifying conviction or finding involve the samevictim.
A person seeking relief after conviction or adjudication files a petitionin court under ORS 163A.150. If the request is contested, the petitioner mustprove eligibility by a preponderance of the evidence. This route does not usethe Board’s Level I requirement or its five-year waiting period.
What Relief Can—and Cannot—Do
An order granting relief ends the Oregon obligation to report in Oregon.It does not erase the conviction or juvenile adjudication, and it does notnecessarily resolve registration requirements imposed by another state. Theeffect of an order should be reviewed before a person changes their reportingpractices.
How Lohrke Law Helps
Lohrke Law reviews the judgments, adjudications, registration history,and applicable statutes to identify the best available path to relief. Wegather the records and supporting evidence, prepare the petition or Boardapplication, and represent clients through contested hearings. We handle bothadult and juvenile registration matters, including cases where eligibilityturns on the precise offenses, ages, and number of victims involved.
Contact Lohrke Law to discuss whether relief from registration may beavailable in your case.
Hear From Our Past Clients
Take The First Steps Towards Restoring Your Rights
Not sure if your record can be cleared or which rights you can get back? That's where we come in. Get in touch today and schedule a phone consultation. We'll discuss your situation, walk you through your options, and determine a clear plan to move forward.
Even if you don't live in Oregon, if there is an Oregon record, we can discuss your options.
