Oregon Revised Statutes Chapter 105 § 105.163 — Setting aside judgment upon motion of tenant

Setting aside judgment upon motion of tenant. (1) A person who was a defendant in an action under ORS 105.100 to 105.168 may apply by motion to the court where the judgment was entered for an order setting aside the judgment and sealing the official records of the action pertaining to the applicant. The court shall grant the motion if the court finds that: (a) The judgment was a judgment of restitution entered against the applicant, the applicant has satisfied any money award included in the judgment and: (A) At least five years have passed from the date of the judgment; or (B) The judgment was based on claims that arose on or after April 1, 2020, and before March 1, 2022; (b) The judgment was a judgment by stipulation of the parties under ORS 105.145 (2) and the applicant has complied with the terms of the stipulated agreement and satisfied any money award included in the judgment; or (c) The judgment was a judgment or judgment of dismissal entered in the applicant’s favor. (2) The applicant shall serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action under ORS 105.100 to 105.168. Within 30 days of service of the motion, if a written objection is filed, the court shall schedule a hearing. (3) If, under subsection (2) of this section, no objection is filed or after a hearing the court determines that the applicant is eligible for relief under subsection (1) of this section, the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action pertaining to the applicant. Upon entry of the order, the judgment that is the subject of the motion shall be deemed not to have been entered, and the applicant may answer accordingly any questions relating to its occurrence. (4) The court may not charge a filing fee for the filing of a motion under subsection (1) of this section. [2019 c.351 §2; 2021 c.39 §9] Note: The amendments to 105.163 by section 11, chapter 39, Oregon Laws 2021, become operative January 2, 2028. See section 12, chapter 39, Oregon Laws 2021. The text that is operative on and after January 2, 2028, is set forth for the user’s convenience. 105.163. (1) A person who was a defendant in an action under ORS 105.100 to 105.168 may apply by motion to the court where the judgment was entered for an order setting aside the judgment and sealing the official records of the action pertaining to the applicant. The court shall grant the motion if the court finds that: (a) The judgment was a judgment of restitution entered against the applicant, the applicant has satisfied any money award included in the judgment and at least five years have passed from the date of the judgment; (b) The judgment was a judgment by stipulation of the parties under ORS 105.145 (2) and the applicant has complied with the terms of the stipulated agreement and satisfied any money award included in the judgment; or (c) The judgment was a judgment or judgment of dismissal entered in the applicant’s favor. (2) The applicant shall serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action under ORS 105.100 to 105.168. Within 30 days of service of the motion, if a written objection is filed, the court shall schedule a hearing. (3) If, under subsection (2) of this section, no objection is filed or after a hearing the court determines that the applicant is eligible for relief under subsection (1) of this section, the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action pertaining to the applicant. Upon entry of the order, the judgment that is the subject of the motion shall be deemed not to have been entered, and the applicant may answer accordingly any questions relating to its occurrence. (4) The court may not charge a filing fee for the filing of a motion under subsection (1) of this section.