Oregon Court Records
Table of Contents
Oregon's state-funded judicial system consists of four main courts: the Circuit Courts, the Court of Appeals, the Supreme Court, and the Tax Court. These courts make up the official structure of the Oregon Judicial Department. Other courts, including municipal, county, justice, federal, and tribal courts, operate independently and are not part of the state-funded system. Approximately 600,000 cases are filed in Oregon courts annually.
At the trial level, Oregon's Circuit Courts serve as the courts of general jurisdiction. They are responsible for handling a wide range of cases, including criminal matters, civil disputes, family law issues (such as divorce and custody), juvenile matters, traffic violations, small claims, probate, adoptions, mental health commitments, and guardianships. Each of Oregon's 36 counties has its own circuit court, and together they are organized into 27 judicial districts.
Above the trial courts are Oregon's two appellate courts: the Oregon Court of Appeals and the Oregon Supreme Court. The Court of Appeals, created in 1969, is the intermediate appellate court and reviews most appeals from circuit courts and administrative agencies. However, certain cases bypass this court and go directly to the Supreme Court, these include death penalty cases, ballot title reviews, attorney discipline matters, and appeals from the Tax Court.
The Oregon Supreme Court is the state's highest judicial authority. It reviews decisions from the Court of Appeals and other cases of significant legal importance. Its decisions are final unless reviewed by the United States Supreme Court.
The Oregon Tax Court is a specialized court with statewide jurisdiction over disputes involving state tax laws. It has two divisions: the Magistrate Division, where most tax appeals begin, and the Regular Division, which hears appeals from the Magistrate Division. Decisions from the Regular Division can be appealed directly to the Oregon Supreme Court. The Tax Court operates independently of the executive and legislative branches of government.
The other courts in Oregon not under the state-funded judicial system are Municipal Courts, County Courts, and Justice Courts. Municipal Courts serve as city-level courts handling violations of local ordinances and some state laws, such as traffic and animal control. County Courts exist in seven eastern counties, where county judges primarily handle administrative duties but may oversee probate and juvenile cases. Justice Courts, operated by county governments, handle misdemeanors, traffic violations, small claims under $10,000, and evictions. Appeals from Justice Courts go to the Circuit Court.
What Are the Types of Court Records In Oregon?
Court records in Oregon refer to the official documents and information created, filed, or generated during legal proceedings within the state's judicial system. These records provide a detailed and formal account of the events, actions, and decisions that occur during court cases. They may include materials such as case filings, motions, court orders, judgments, dockets, hearing transcripts, and exhibits submitted as part of the legal process.
Each court manages its own records through its respective court clerk's office. The following are the specific records maintained by each court in the Oregon court system:
- Oregon Supreme Court
- Opinions and Rulings: Final decisions on cases involving constitutional issues, legal precedents, and disciplinary matters.
- Case Dockets: Summaries of filings, motions, and decisions for cases reviewed by the court.
- Disciplinary Records: Files related to the regulation and discipline of attorneys and judges in Oregon.
- Administrative Orders: Rules, policy changes, and judicial procedures governing Oregon's court system.
- Petitions for Review: Formal requests asking the Supreme Court to consider decisions from the Court of Appeals.
- Oregon Court of Appeals
- Appellate Case Dockets: Logs tracking all documents filed during the appellate process.
- Court Opinions: Written decisions resolving legal issues raised on appeal.
- Motions and Briefs: Legal arguments and procedural filings submitted by parties during the appeal.
- Oral Argument Records: Audio recordings and summaries of arguments made before the appellate panel.
- Oregon Circuit Courts
- Criminal Records: Felony and misdemeanor case files, including charging documents, court proceedings, and sentencing records.
- Civil Records: Cases involving contract disputes, personal injury claims, property cases, and judgments.
- Family Law Records: Divorce, legal separation, custody, parenting time, child support, and domestic violence cases.
- Probate Records: Wills, estates, guardianships, and conservatorship matters.
- Juvenile Records: Delinquency and child protection cases, including foster care and termination of parental rights.
- Eviction and Small Claims: Landlord-tenant disputes and small claims cases involving amounts up to $10,000.
- Name Changes and Adoptions: Legal name change filings and finalized adoptions (some sealed for privacy).
- Oregon Tax Court
- Tax Petition Files: Filings by taxpayers disputing income, property, or other tax assessments.
- Court Orders and Decisions: Written rulings resolving tax disputes.
- Case Dockets: Timelines of activity in each case, including hearings and filings.
- Hearing Transcripts: Transcripts or audio recordings from evidentiary hearings or oral arguments.
- Settlement Agreements: Records of resolved disputes before a formal decision is issued.
- Municipal Courts
- City Ordinance Violations: Cases involving local laws, such as noise complaints or curfews.
- Traffic Violations: Local traffic offenses within city limits.
- Misdemeanor Offenses: Low-level criminal offenses like shoplifting or public intoxication.
- Juvenile Offenses: Minor offenses involving individuals under 18.
- Code Enforcement: Cases related to nuisance properties or zoning disputes.
- County Courts
- Probate Cases: Matters involving wills, estates, and guardianships.
- Juvenile Cases: Delinquency and child protection proceedings.
- Justice Courts
- Misdemeanors: Crimes punishable by up to one year of incarceration.
- Violations: Offenses resulting in fines, such as traffic tickets.
- Civil Claims: Cases valued at $10,000 or less, including small claims.
- Eviction Cases: Landlord-tenant disputes and forcible entry and detainer actions
Are Oregon Court Records Public?
Court records in Oregon are generally public, as the Oregon Public Records Law makes records of the courts and other government agencies open to the public. However, certain records are exempt from public access to protect personal privacy, public safety, or the integrity of judicial proceedings. Examples include:
- Juvenile court records, especially those involving abuse, neglect, or delinquency
- Adoption records, which are sealed to protect the identities of all parties
- Mental health commitment proceedings
- Records containing personal information, such as Social Security numbers or sensitive financial data.
- Protective orders, such as those related to stalking or domestic violence, may be sealed or redacted to protect victims.
In addition, Oregon courts may order certain records maintained by their clerks sealed and restricted from public access. This restriction may be ordered to:
- Protect the privacy or safety of individuals, especially minors or victims of sensitive crimes.
- Ensure a fair trial and prevent pretrial publicity from influencing a jury.
- Comply with federal or state confidentiality laws.
How Do I Search Oregon Court Records?
You may search Oregon court records using the following methods:
- OJCIN Online: The Oregon Judicial Case Information Network (OJCIN) portal provides online access to the judgment dockets and official register of actions from Oregon State Courts, including tax, trial, and appellate courts. Note that only registered users are allowed to search case records on the OJCIN Online portal. OJCIN Online requires a subscription.
- OJD Records and Calendar Search: This portal provides free access to court dates and basic case information for the tax court, circuit courts, court of appeals, and supreme court. To search case information using this portal, you must provide a record number or party name (last, first, and middle name). The portal has an advanced filtering option that allows users to filter search results by location and search type.
- Opinions of the supreme court, court of appeals, and the tax court are available online via the Oregon Courts website.
How To Retrieve Court Records Offline
Court clerks in Oregon are the custodians of court records in the state. Hence, if you need access to physical copies of court records or need a certified court record, you must visit the office of the clerk in the court where the case was filed. The Oregon courts website provides location information for the trial courts in each county in the state. You will need to provide information such as the name of a party involved, case number, case type, case filing date, and any other information that may help the office of the clerk locate the record you need.
Note that there is a fee to obtain physical copies of court records from the court clerks' offices in the state. Standard copies typically cost between $0.25 and $0.5 per page, while certified copies cost between $5 and $10 per document. Simple copy requests may be fulfilled on the same day or may take up to five business days, while complex requests may take up to 10 business days to process.
In addition, court staff may provide case information by phone. Also, each local circuit court has a public access terminal that may be used to view case information for most cases.
Can I Seal or Expunge an Oregon Court Record?
The term sealing may be used interchangeably with expungement in Oregon, as the state does not separate both processes as obtained in other jurisdictions in the United States. Expungement in Oregon, also called a motion to set aside, is a legal proceeding for sealing the record of a criminal arrest, charges, or conviction. Oregon expungement laws are outlined in ORS 137.225 and ORS 137.226.
Most misdemeanors and certain felonies, particularly non-violent Class C and some Class B felonies, are eligible. However, serious offenses such as sex crimes, traffic offenses (such as DUIs), and certain violent crimes are typically excluded.
Still, whether you may expunge your record will depend on other factors such as how your case was decided, your entire criminal history, whether you owe court fines and fees, and how long it has been since you were arrested and convicted. Applicants must not have any pending criminal cases, have completed all sentencing requirements, and not have been convicted of another crime (excluding motor vehicle violations) within the 10 years preceding the filing.
The typical waiting periods for expungement in Oregon are:
- Class B felonies: 7 years
- Class C felonies: 5 years
- Class A misdemeanors: 3 years
- Class B or C misdemeanors, violations, or contempt findings: 1 year
- Arrests without charges: 60 days after the prosecuting attorney declines to proceed
- Acquittals or dismissals: Any time after the case concludes
Due to the complex nature of Oregon expungement laws, it is recommended that you consult with an experienced expungement attorney in Oregon to verify if you are eligible to have your record expunged before submitting an expungement application.
To file for expungement in the state, you may follow these steps:
- Prepare Documentation: Once eligibility is confirmed and all requisite conditions are met, you may complete the appropriate "Motion and Affidavit to Set Aside" forms, which vary depending on whether you are seeking expungement for an arrest, charge, or conviction record. The forms are available on the Oregon courts website.
- Background Check: Submit a request for a criminal history check to the Oregon State Police and pay the associated fee ($80).
- File the Motion: Submit the original motion and affidavit to the circuit court in the county where the case was filed. Serve copies to the appropriate District Attorney's office. A recent amendment (Senate Bill 397) to the expungement laws in the state has removed the mandatory $281 filing fee.
- Await Response: The District Attorney's office has 120 days to object to the motion. If there is no objection, the court may grant the expungement without a hearing.
- Court Hearing: If an objection is raised, a hearing will be scheduled and you will be notified. During this hearing, you may provide evidence of rehabilitation, including your employment history, educational accomplishments, or community service as supporting documentation for your eligibility for expungement.
- Court Decision: If the motion is granted, the court will issue an order to set aside and seal the record. After, the court will file the order and instruct relevant state agencies to seal or remove the criminal record from public access.
How To Search Federal Court Records in Oregon
In Oregon, court records from the federal court, known as the United States District Court for the District of Oregon, may be accessed both online and offline. This court handles cases such as bankruptcy, patent and copyright disputes, admiralty law, and matters involving the federal government as a party.
To access federal court records online, you may use the Public Access to Court Electronic Records (PACER) system. This requires creating an account and providing relevant details such as the case number or party name to conduct a search. Accessing records through PACER typically costs $0.10 per page, with a maximum charge of $3.00 per document.
For offline access, you may visit the courthouse and submit a request at the clerk's office. To locate the records you need, you must provide case details, such as the case number or party names. Fees apply for obtaining copies of the records.
How To Get Oregon Court Records Online for Free?
You may search Oregon court records online for free using the OJD Records and Calendar Search tool. This tool provides free access to basic court case information for the trial, tax, and appellate courts in the state. Also, opinions of the tax court, court of appeals, and supreme courts are available online for free.
Third-party websites such as PublicRecords.us also provide free online access to public records for many jurisdictions in the United States, including Oregon. You may use such services to search Oregon court records online for free.