Oregon Criminal Court Records

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    Oregon criminal court records refer to official documents that the court generates in the course of a criminal proceeding. Their primary purpose is to uphold due process and government transparency. They ensure that defendants' constitutional rights are protected as well as provide a verifiable account of how the courts reach their decisions, allowing the public to observe and review the administration of justice.

    The Oregon Judicial Department (OJD) is the official custodian of criminal court records. Public access to these records is governed by Oregon Public Records Law, the Uniform Trial Court Rules (UTCR), Supplementary Local Court Rules, and other court rules.

    Are Criminal Court Records Public in Oregon?

    Yes. The Oregon Public Records Law permits the inspection and copying of criminal court records. They are typically disbursed by the Oregon Judicial Department (OJD) except those sealed or deemed confidential to the public. Requesters may access court records online through the court's portal or in person at the court where the case was handled. Sealed or confidential court records are only available to the subject of record, their legal representatives, law enforcement agencies, or individuals with a court order.

    What Criminal Court Records Contain in Oregon

    Criminal court records in Oregon contain the following information:

    • Case information (case title, filing date, case number, court's name, case type, and case status)
    • Party (the plaintiff's name, the defendant's name, and date of birth)
    • Charges (description, citation, statute, level, and date)
    • Disposition events (disposition, the judicial officer's name, disposition date, sentence, and sentence date)
    • Hearing date and time and events (complaint, arraignment, and judgment)
    • Financial (total financial assessment, total payments and credits, dates, and amounts)

    Oregon Criminal Court Records Search

    Residents can access electronic and paper copies of criminal court records online on the Oregon Judicial Branch (OJB) website. Electronic searches can be done via the Online Records Search portal. The search parameters are name, number, or filing date. Individuals seeking regular, certified, and exempt copies of criminal court records can submit a Records Request Form online. The court will deliver requests for copies by email, mail, in-person pick up, or pick up at another court. Paper copies of criminal court records cost 25 cents per page, while certified copies cost $5.00 plus a per-page copy charge.

    Court staff can also provide criminal case information over the phone to requesters. However, interested persons must be willing to provide basic information about the case to facilitate the search. They can also visit the court where a case was handled to view or copy criminal court records. Each local circuit court in Oregon has a free public access terminal where record seekers can look up criminal case information.

    Free Access to Criminal Court Records in Oregon

    The Oregon Judicial Branch (OJB) provides free access to criminal court records through the Online Records Search portal. Users must provide a name, number, or filing date to process the request. Record seekers can also visit the court where the case was heard to use their public access terminal to view court records for free. However, this free access option only offers limited information. Users cannot download copies of criminal court records or access certified copies from the portal.

    Sealing and Expungement of Criminal Court Records in Oregon

    In Oregon, the terms sealing and expungement are often used interchangeably. However, Oregon law provides only one formal process, known as a "set-aside", "expungement", or "expunction," under ORS 137.225. When a criminal court record is sealed, it is removed from public inspection and treated as though the record never existed. When the record holder is asked about the arrest or conviction, they can legally say they have no criminal record. However, be aware that sealed criminal court records can be unsealed under certain limited circumstances. Also, sealed criminal court records will remain open to law enforcement and the courts in specific circumstances. Because this process both hides the record and grants it the legal effect of erasure, Oregon law enforcement agencies commonly use sealing and expungement as synonymous terms.

    How to Seal Criminal Court Records in Oregon

    Sealing, sometimes called a motion to set aside or expunction, is a legal proceeding to make a criminal court record unavailable to the public. The process requires meeting the eligibility requirements and waiting period stated in ORS § 137.225. Eligible applicants should complete the Motion to Set Aside and Declaration in Support Form and make two copies. File the form in the circuit court in the county where the case was handled. The court does not charge a fee for expungement. Mail a copy of the form to the prosecuting attorney, who has 120 days to notify the court if they object to the Motion. The court will hold a hearing if the prosecuting attorney files an objection. If the motion is granted, the judge will sign an expungement order, and copies will be sent to the necessary agencies.

    How to Expunge a Criminal Record in Oregon

    To expunge a criminal record, individuals must provide a complete set of properly rolled fingerprints on the FBI standard blue applicant fingerprint card (FD-258), obtained from a local criminal justice agency or public fingerprinting service. Afterwards, complete the Request for Set Aside Criminal Record Check Form and mail it with the Fingerprint Card Form and a $33.00 check or money order to the Oregon State Police. The mailing address is:

    Oregon State Police, CJIS - Unit 11

    ATTN: SET ASIDE

    P.O. Box 4395

    Portland, OR 97208-4395

    Criminal Records in Oregon vs Court Records

    A criminal record is the official history of a person's interactions with the Oregon criminal justice system. It focuses on law enforcement and prosecutorial activities. These records are maintained primarily by the Oregon State Police Criminal Justice Information Services Division, with data collected from local police departments, sheriff's offices, prosecutors, and the courts. They are used for background checks in employment, licensing, and housing, and are considered part of public records. Conversely, a court record is the official documentation of proceedings filed and maintained by the Oregon Judicial Branch (OJB) for cases handled in any court in the state. Court records reflect what happens in court rather than the broader law-enforcement history. Court records are available online through the OJB's Online Records Search portal or in person where the case was handled. Most court records are public, but certain sensitive cases may be restricted.

    Requesting an Oregon Criminal History Record

    The Oregon State Police's Criminal Justice Information Services (CJIS) Division is the central repository for state criminal history records. This information is confidential and exempt from public inspection. Requesters must complete the appropriate form, a fingerprint card, and the necessary fees and mail them to the CJIS. The CJIS processes criminal history records requests in 7 to 10 business days.

    How to Request an Oregon State Background Check

    Individuals can request background checks from the Oregon State Police's Criminal Justice Information Services (CJIS) Division by mail. Subjects of records must complete a Copy of Own Record / Clearance Letter Request Form to conduct background checks. In contrast, individuals requesting background checks of others must complete a Request for Oregon Criminal History Information on Another Individual (Open Record) Form. Oregon State background checks cost $33 and are payable by check or money order. Requesters must also obtain a properly rolled set of fingerprints using the blue applicant fingerprint card (FD258) at their local law enforcement agency, a fingerprinting service, or stop at the CJIS Salem office. Fingerprinting fees vary by location, but the Salem office charges $30. The applicant must mail the completed form, fingerprint card, and payment to the CJIS.

    Active vs Archived Criminal Cases in Oregon

    The difference between active and archived criminal cases is the case's status in the court system and its accessibility in public records. Active criminal cases are cases that are currently pending or ongoing in the Oregon court system. Record seekers can find active criminal cases online through the Records Search portals or in person at the court where the case is being heard. Conversely, archived criminal cases are no longer active because they have been concluded or closed. Such cases are removed from the active docket and stored in court archives. Access may be limited, sometimes requiring a formal request or retrieval from an off-site location. These cases may appear in historical searches, but are not updated with new proceedings.