ORS § 105 § 105.164
Setting aside old judgments by courts.
Operative Text
(1) On an annual basis, each justice and circuit court shall enter an order setting aside a judgment and sealing the official records for each case for possession brought under ORS chapter 90 for which the court finds that: (a) The judgment does not contain a money award or that any money award has expired or been satisfied or discharged; and (b)(A) The judgment was a judgment of restitution entered for the plaintiff and at least five years have passed from the date of the judgment; or (B) The judgment was a judgment of dismissal or otherwise in favor of the defendant and at least 12 months have passed from the date of the entry of the judgment. (2) Upon entry of the order, the judgment that is the subject of the motion is deemed not to have been entered, and any party may answer accordingly any questions relating to its occurrence. (3) Nothing in this section limits the ability of a defendant to apply for an order under ORS 105.163.
Oregon Revised Statutes § 105.164 establishes an automatic, court-driven process by which justice and circuit courts must annually review eviction case records and seal them when certain conditions are met. Specifically, a judgment entered against a tenant (restitution for the landlord) is eligible for sealing after five years if no outstanding money award remains, while a dismissal or tenant-favorable outcome is eligible after just 12 months. Once sealed, the judgment is legally treated as though it never existed, allowing all parties to truthfully deny its occurrence on applications or inquiries.
Plain English — not legal advice.
Under ORS § 105.164, courts—not landlords—drive the sealing process, so property owners and managers should be aware that eviction judgments they obtained may eventually be removed from public records without any action on their part. A compliant operator generally maintains their own internal records of tenancy history separately from court records, since court records may be sealed over time. Landlords who rely on third-party tenant-screening reports should understand that sealed judgments legally did not occur and cannot be used as a basis for adverse action once the court has entered a sealing order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.164 gives tenants a meaningful protection: courts are required to automatically seal qualifying eviction records on an annual basis, meaning tenants do not always need to file a motion themselves for this particular process to occur. A tenant whose case was dismissed or decided in their favor may see their record sealed after as little as 12 months, while a restitution judgment may be sealed after five years with no remaining money award. Tenants who want to pursue sealing sooner or have questions about their specific record's status may also explore applying under ORS 105.163, or consult a tenant-rights organization for guidance on how sealed records affect housing applications.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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