People Who Fall in This Category Must File a Motion with Circuit Court.
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The motion must be filed in the county of adjudication/jurisdiction
Waiting Period:
Class A and B Felonies: 2 years from end of supervision
Class C Felony: 30 days prior to termination of jurisdiction
Standard of Proof: Clear and Convincing evidence that Youth has been rehabilitated and does not pose a threat to public safety
If Denied: Client can refile as many times as it takes; no waiting period

Factors for the court to consider in determining if registration in required and/or for relief from registration (useful to keep in mind for every case!)

• The extent and impact of any physical or emotional injury to the victim;
• The nature of the act that subjected the person to the duty of reporting as a sex offender;
• Whether the person used or threatened to use force in committing the act;
• Whether the act was premeditated;
• Whether the person took advantage of a position of authority or trust in committing the act;
• The age of any victim at the time of the act, the age difference between any victim and the person and the number of victims;
• The vulnerability of the victim;
• Other acts committed by the person that would be crimes if committed by an adult and criminal activities engaged in by the person before and after the adjudication;
• Statements, documents and recommendations by or on behalf of the victim or the parents of the victim;
• The person’s willingness to accept personal responsibility for the act and personal accountability for the consequences of the act;
• The person’s ability and efforts to pay the victim’s expenses for counseling and other trauma-related expenses or other efforts to mitigate the effects of the act;
• Whether the person has participated in and satisfactorily completed a sex offender treatment program or any other intervention, and if so the juvenile court may also consider:
• The availability, duration and extent of the treatment activities;
• Reports and recommendations from the providers of the treatment;
• The person’s compliance with court, board or supervision requirements regarding treatment; and
• The quality and thoroughness of the treatment program;
• The person’s academic and employment history
• The person’s use of drugs or alcohol before and after the adjudication;
• The person’s history of public or private indecency;
• The person’s compliance with and success in completing the terms of supervision;
• The results of psychological examinations of the person;
• The protection afforded the public by records of sex offender registration; and
• Any other relevant factors.

State has a right to have the Client undergo a psycho-sexual evaluation as part of the relief process

State must provide notice of intent to require evaluation

Client has a right to object to the proposed evaluator

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People who have been convicted as adults must petition the Board of Parole and Probation by submitting a lengthy packet (the old law allowing certain people to file legal motions has been REPEALED).

Required:
 Police Reports
 Supervision Records
 Treatment Records
 Court File
 Housing/Employment confirmation
 Tax Return
 Pay stub
 Utility bill
 Short answers to initial set of questions (AKA “essays”)

Recommended:
 Attorney letter marshalling the evidence
 Character Reference letters (ideal for the supporters to know of the registration requirement)

Board usually classifies or reclassifies. Board will then either schedule a hearing or, if necessary, an
additional psycho-sexual evaluation

Prepping For a Hearing Before the Board

LEGAL RULES

• Rules of Evidence do not apply
• Standard of Proof: Clear and convincing evidence that Client is statistically unlikely to reoffend, and does not pose a threat to public safety
• General factors to be considered: ORS §§ 163A.125(5)
  • The nature of and degree of violence involved in the offense that requires reporting;
  • The age and number of victims of the offense that requires reporting;
  • The age of the person at the time of the offense that requires reporting;
  • The length of time since the offense that requires reporting and the time period during which the person has not reoffended;
  • The person’s performance on supervision for the offense that requires reporting;
  • Whether the person has participated in or successfully completed a court-approved sex offender treatment program or any other rehabilitative programs;
  • The person’s stability in employment and housing;
  • The person’s community and personal support system;
  • Other criminal and relevant noncriminal behavior of the person both before and after the offense that requires reporting; and
  • Any other relevant factors
• Decision can be same day or within 30 days
  • If Successful:
    • Oregon State Police notified of Final Board Order
  • If Denied:
    • Client can appeal to Oregon Court of Appeals
    • Client can reapply after a 3-year waiting period

Final Order only affects Oregon registration requirement! No impact on SORNA and MAY NOT BE
RECOGNIZED BY OTHER STATES

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A small number of adults are eligible to apply for registration relief and even expungement.

These cases are Governed by ORS §§ 163A.140–150 (163A.120 is repealed)

Qualifying Crimes:

• Rape in the Third Degree
• Sodomy in the Third Degree
• Sexual Abuse in the Third Degree
• Contributing to the Sexual Delinquency of a Minor
• Sexual Misconduct with a Minor
• Any attempt of the above
• Only adult convictions for the above

Qualifying Facts:

• No more than 5-year age difference
• Victim at least 14 years of age
• No more than 1 victim
• All sexual conduct must have been consensual but-for age
• Client has no prior sex crime convictions or juvenile adjudications

Offender needs to file motion in Court of Conviction
State bears the burden to show the factors have not been met
If Successful:
Court order sent to Oregon State Police
Client eligible to expunge conviction, so long as otherwise meet requirements of ORS §137.225

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