163A.150 Procedure for relief under ORS 163A.140; after conviction or adjudication; testimony of victim. (1) A person who meets the criteria described in ORS 163A.140 and seeks relief from the requirement to report under ORS 163A.010, 163A.015 or 163A.020 shall:
(a) If the person was convicted in this state of the offense or adjudicated in this state for the act giving rise to the obligation to report, file a petition for relief from the requirement to report with the circuit court of the county in which the person was convicted or adjudicated and serve a copy of the petition on the district attorney for that county.
(b) If the person was convicted in another United States court of the offense or adjudicated in another United States court for the act giving rise to the obligation to report, file a petition for relief from the requirement to report and declaration of eligibility under penalty of perjury in the form required by ORCP 1 E with the circuit court of the county in which the person resides and serve a copy of the petition and declaration on the district attorney for that county.
(2) A person filing a petition under subsection (1) of this section must pay the filing fee established under ORS 21.135. The court shall schedule a hearing more than 90 days from the date of the filing. The court shall notify the person and the district attorney of the date of the hearing.
(3)(a) Upon receipt of the petition described in subsection (1)(a) of this section, or the receipt of petition and declaration described in subsection (1)(b) of this section, the district attorney shall determine whether the district attorney contests the request for relief.
(b) If the district attorney does not contest the request for relief, the district attorney shall submit an order to the c
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163A — Sex Offender Reporting and Classification
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
SEX OFFENDERS
CRIMES AND PUNISHMENTS
REPORTING
CLASSIFICATION
Note Existing registrants--2013 c.708 §7
RECLASSIFICATION AND RELIEF FROM REPORTING
PROVISION OF RECORDS BY AGENCIES
RELEASE OF INFORMATION
REPORTING
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Stable record: oregon_criminal_law:legal_authorities:163A.150 Source file: ors163a.html Pages: Not recorded – Not recorded Passage SHA-256: 249f564f97e7cec6522d8f813e2501bed966508ed5e95064f66247f56f09be1e Retained source evidence SHA-256: b0804c767ec158b9bde64c3614e82d87881fcbd447960c8e59265801f0dd03ea
Source location: ORS 163A.150 (all printed versions and notes)
Stored source content
163A.150 Procedure for relief under ORS 163A.140; after conviction or adjudication; testimony of victim. (1) A person who meets the criteria described in ORS 163A.140 and seeks relief from the requirement to report under ORS 163A.010, 163A.015 or 163A.020 shall:
(a) If the person was convicted in this state of the offense or adjudicated in this state for the act giving rise to the obligation to report, file a petition for relief from the requirement to report with the circuit court of the county in which the person was convicted or adjudicated and serve a copy of the petition on the district attorney for that county.
(b) If the person was convicted in another United States court of the offense or adjudicated in another United States court for the act giving rise to the obligation to report, file a petition for relief from the requirement to report and declaration of eligibility under penalty of perjury in the form required by ORCP 1 E with the circuit court of the county in which the person resides and serve a copy of the petition and declaration on the district attorney for that county.
(2) A person filing a petition under subsection (1) of this section must pay the filing fee established under ORS 21.135. The court shall schedule a hearing more than 90 days from the date of the filing. The court shall notify the person and the district attorney of the date of the hearing.
(3)(a) Upon receipt of the petition described in subsection (1)(a) of this section, or the receipt of petition and declaration described in subsection (1)(b) of this section, the district attorney shall determine whether the district attorney contests the request for relief.
(b) If the district attorney does not contest the request for relief, the district attorney shall submit an order to the court relieving the person of the reporting requirements described in ORS 163A.010, 163A.015 or 163A.020. The court shall grant the petition.
(c) If the district attorney contests the request for relief, the district attorney shall notify the person of that determination within 90 days after receipt of the petition and, if required under subsection (1)(b) of this section, the declaration.
(4) At the hearing, the person has the burden of proving that the person meets the eligibility requirements described in ORS 163A.140.
(5)(a) At the hearing, the victim of the offense or act giving rise to the obligation to report:
(A) May testify voluntarily upon request.
(B) May be compelled by the person to testify only if the court issues an order allowing a subpoena upon the motion of the person.
(b) A copy of the motion for a subpoena under this subsection must be served on the district attorney.
(c) The court may not issue an order allowing a subpoena under this subsection unless the person can demonstrate good cause by showing that the victim’s testimony is material and favorable to the person’s request for relief.
(d) If the court grants an order allowing a subpoena under this subsection, the court may allow the victim to appear by telephone or other communication device approved by the court.
(6)(a) If the court finds, by a preponderance of the evidence, that the person meets the eligibility requirements described in ORS 163A.140, the court shall enter an order granting the request for relief from the requirement to report.
(b) If the court does not make the finding described in paragraph (a) of this subsection, the court shall enter an order denying the request for relief.
(7)(a) If the court relieves the person from the requirement to report, the person shall send a certified copy of the court order to the Department of State Police.
(b) Upon receipt of the order, the Department of State Police shall remove from the Law Enforcement Data System the sex offender information obtained from the sex offender registration form submitted under ORS 163A.010, 163A.015 or 163A.020.
(8) The order entered under subsection (6) of this section is not subject to appeal.
(9) The Oregon Evidence Code and the Oregon Rules of Civil Procedure do not apply to the hearing described in subsection (2) of this section. [Formerly 181.833; 2021 c.274 §2]
PROVISION OF RECORDS BY AGENCIES
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163A.010 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction. (1) The agency to which a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section.
(2) Subsection (3) of this section applies to a person who:
(a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:
(A) Conviction of a sex crime or a crime for which the person would have to register as a sex offender under federal law; or
(B) Having been found guilty except for insanity of a sex crime;
(b) Is paroled to this state under ORS 144.610 after being convicted in another United States court of a crime:
(A) That would constitute a sex crime if committed in this state; or
(B) For which the person would have to register as a sex offender in that court’s jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state; or
(c) Is discharged by the court under ORS 161.329 after having been found guilty except for insanity of a sex crime.
(3)(a) A person described in subsection (2) of this section shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county to which the person was discharged, paroled or released or in which the person was otherwise placed:
(A) Within 10 days following discharge, release on parole, post-prison supervision or other supervised or conditional release;
(B) Within 10 days of a change of residence;
(C)
163A.140 Relief from reporting obligation; circumstances; order. A person otherwise required to report under ORS 163A.010, 163A.015, 163A.020 or 163A.025 is not required to report, and if currently reporting is no longer required to report, if:
(1)(a) The person has been convicted of:
(A) Rape in the third degree as defined in ORS 163.355;
(B) Sodomy in the third degree as defined in ORS 163.385;
(C) Sexual abuse in the third degree as defined in ORS 163.415;
(D) Sexual abuse in the second degree as defined in ORS 163.425;
(E) Contributing to the sexual delinquency of a minor as defined in ORS 163.435;
(F) Sexual misconduct as defined in ORS 163.445; or
(G) An attempt to commit an offense listed in subparagraphs (A) to (F) of this paragraph;
(b) The person has been found guilty except for insanity of an offense listed in paragraph (a) of this subsection;
(c) The person has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute an offense listed in paragraph (a)(A), (B) or (D) of this subsection; or
(d) The person is paroled to this state under ORS 144.610 after being convicted in another United States court of a crime that would constitute an offense listed in paragraph (a) of this subsection;
(2)(a) The person is less than five years older than the victim;
(b) The victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age;
(c) The victim was at least 14 years of age at the time of the offense or act;
(d) Except for the convictions or findings described in subsection (1) of this section, the person has not been convicted of, found guilty except for insanity of, or found to be within the jurisdiction of the juvenile court ba