Sealing an Eviction Record in Oregon: A Renter’s Guide

If you’ve experienced eviction in Oregon, you may worry about how your record affects future rental opportunities. Fortunately, under certain circumstances, Oregon law allows renters to seal an eviction record, making it less likely to appear in background checks. This guide explains the process in plain language, summarizes the rules, and links to official state resources so you can move forward with confidence.

Understanding Oregon Eviction Records

An eviction record, sometimes called an "FED" (Forcible Entry and Detainer) case, is a public court filing when a landlord begins the eviction process. These records can affect your ability to rent elsewhere, even if the eviction was dismissed or decided in your favor.

Why Seal an Eviction Record?

• Sealing removes the eviction case from public court records, protecting your privacy.
• Landlords and agencies running background checks generally will not see a sealed case.
• This helps you secure housing and rebuild your rental history.

Not every eviction case can be sealed. Eligibility depends on how the case ended and your specific circumstances.

Am I Eligible to Seal My Oregon Eviction Record?

Oregon’s process for sealing eviction records changed with Senate Bill 891 and is detailed in the Oregon Revised Statutes Chapter 105 (Landlord and Tenant Law). In general, you can ask a court to seal your eviction record if:

• The eviction case was dismissed by the court, or
• You won your case as the tenant, or
• The judgment against you has been satisfied and at least 5 years have passed since the judgment.

In other cases, you may need to explain special circumstances to the judge.

How to Seal an Eviction Record in Oregon: Step-by-Step

The process generally involves filing a request (motion) with the court where the eviction case was heard. Here’s how to get started:

• Find your original eviction case number. You’ll need it for the forms.
• Download and complete the correct statewide court form: Motion and Declaration to Seal Eviction Record.
• File your completed form with the circuit court that handled your eviction.
• Wait for the court to review your motion. There may be a hearing or additional steps.

Official Forms You’ll Need

• Motion and Declaration to Seal Eviction Case Record (No form number currently assigned)
  When and how to use: Use this form to formally ask the court to seal an eligible eviction record. Example: If your eviction case was dismissed, you’d fill out this form, cite your case number, and file it at the same courthouse as your original case.
  Download from Oregon Judicial Department
• Order to Seal Eviction Case Record
  When and how to use: You can submit this proposed order along with your motion. If the judge agrees and signs it, your record will be sealed. Example: Attach this after completing your motion and submit both together to the court clerk.
  Download from Oregon Judicial Department

What to Expect After Filing

The court will notify your landlord and may schedule a hearing. If the judge approves your request, they will sign the order, and your eviction record will be sealed from public view.

Be sure to keep copies of all paperwork, and consider following up with the court to confirm the sealing has been completed.

Which Government Agency Handles Evictions in Oregon?

Eviction cases in Oregon are handled by the Oregon Judicial Department (the state court system). You can find your local circuit court’s contact information and self-help resources on their Circuit Courts Directory.

Key Tenant Laws in Oregon

• Oregon Revised Statutes Chapter 105 - details eviction actions (FEDs) and court procedures
• Oregon Residential Landlord and Tenant Act (ORS 90) - covers tenant rights, notices, and responsibilities
• Recent updates from Oregon State Legislature

Frequently Asked Questions about Sealing an Oregon Eviction Record

1. Who can see a sealed eviction record in Oregon?
   Once sealed, the eviction case is not available to the public or to screening agencies. Only certain parties, like law enforcement or court staff, may access it for legal reasons.
2. What if my eviction was dismissed—do I still need to seal it?
   Yes, even a dismissed eviction can appear on background checks unless you ask the court to seal the record.
3. Do I need a lawyer to seal my eviction record?
   No, you can complete and file the forms yourself. However, legal aid or court staff can guide you if you have questions.
4. Is there a fee to file for sealing an eviction record?
   Most courts do not charge a filing fee, but check with your local circuit court to confirm.
5. How long does it take for my record to be sealed?
   Processing time varies, but many courts decide motions within a few weeks after filing.

Key Takeaways

• Sealing an eviction record in Oregon removes it from public view and helps restore your rental history.
• Eligibility depends on how your eviction case ended—review your records and the law.
• Use official Oregon forms and file with the court that handled your eviction.

Remember to track your progress, keep copies of everything you submit, and reach out to resources if you need help.

Need Help? Resources for Renters

• Oregon Courts Eviction Resources: Find forms, instructions, and self-help guidance
• Oregon Law Help: Free legal information and tenant support
• Oregon Circuit Courts Directory: Contact info for your local courthouse
• Oregon State Legislature: Review the latest housing laws and tenant protections

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1. Oregon Revised Statutes Chapter 105 - Forcible Entry and Wrongful Detainer
2. Oregon Residential Landlord and Tenant Act (ORS 90)
3. Oregon Judicial Department
4. Official Oregon Court Forms
5. Oregon Senate Bill 891 (2021)

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