How To Get an Eviction Off Your Record in Oregon
If you've ever had an eviction case filed against you, you know how it can affect your life. An eviction record can make renting a new home, getting a job, or even applying for loans harder. The good news is there are ways to clear evictions from your record in Oregon.
Simply receiving a notice from your landlord to move out does not mean you have an eviction on your record. An eviction record only exists if your landlord takes legal action by filing a court case to evict you.
How do I get rid of my Oregon eviction record?
Many people don't need to do anything. Under a new law, ORS 105.164, Oregon courts will automatically clear eligible eviction records once per year.
In December 2024, the Oregon courts cleared thousands of eviction records for the first time. The court will continue to clear eviction records every December after that. The Oregon Judicial Department website has more about this.
Is my eviction record eligible?
Everyone can get their records cleared, but some must wait five years or more.
How long must I wait for the court to erase my record?
The answer is a little complicated. It depends on how your eviction case ended.
- If a court orders you to move out of your home, you must wait at least five years for the court to clear your record. Additionally, the court will not clear your record unless you pay your landlord the money you were ordered to pay them and notify the court you did this.
- If you signed an agreement with your landlord to avoid an eviction trial, you'll have to wait at least one year unless you notify the court sooner that you followed all terms of the agreement. (You can use this sample motion and declaration to inform the court that you followed the deal.)
- If your case ended another way, for example, maybe you won your eviction trial or the case was closed (dismissed) for another reason, there's no waiting period.
Additionally, the court won't clear your record if you haven't:
- Paid your landlord all the money you were ordered to pay them.
- Notified the court that you paid your landlord (learn how to do that here).
Remember, the court only clears eviction records once each year in December. So, even if you don't have a waiting period, your record won't get erased until the end of the year.
How can I check if the court cleared my record?
Look up your case using the Oregon Judicial Department Online Records search. Search by your case number (if you know it) or by name (including your name, former name, landlord's name, or roommates' names).
- If you find your case: The court has not cleared your eviction record.
- If you can't find your case: The court most likely cleared your record. To verify your eviction was erased, you can submit the court's "Automatic Eviction Set Aside Order Request form." The court will send you verification that your record was cleared.
What if I need my record cleared immediately?
If you can't wait for the court to clear your record in December, you can file a separate request with the court to clear it. This can speed up the process.
However, not all records are eligible to be cleared right away. If your eviction case ends with a court ordering you to move out, you can't clear your record for at least five years. You also can't clear your record if you haven't paid your landlord all the money the court ordered you to pay them.
For details on how to clear your record (also called "expungement"), refer to the "Renter's Handbook on Eviction Expungements," created by Legal Aid Services of Oregon.
Additional FAQs About Eviction Records
Having an eviction on your record can make finding a place to live much harder. This record can show up on background checks when you apply for housing. Some landlords may refuse to rent to you, or they might ask for a bigger deposit when they see your eviction record.
An eviction record can also make getting a job, buying a house, or passing a background check harder.
Eviction records are public records. Anyone can look up your name in the Oregon Judicial Department Online Records search and find your eviction case.
After your record is cleared, it can't be found through a public records search.
If you are legally evicted (a judge orders you to move out of your house), this eviction will stay on your record for at least five years.
However, an eviction might remain on your record longer if:
- You didn't pay your landlord the money you were ordered to pay them in the eviction court case.
- You didn't tell the court you paid your landlord the money you were ordered to pay them.
Each year (beginning in 2024), the Oregon courts are supposed to clear eligible eviction records. If your eviction record is at least five years and you meet the requirements above, your record will be erased.
In an eviction case, you may be ordered to pay your landlord money. This money could be for past due rent, court fines, or other costs associated with your eviction.
The total amount you owe will be listed in your court papers in a document called "Judgment" or "Judgment of Restitution."
If you've paid all this money to your landlord, you need to notify the court the money has been paid. Here's how to do that:
- Ask your landlord to sign a Satisfaction of Money Award. If you've paid them all the money you were ordered to pay, your landlord must sign this form.
- File this form with the court. The court will update your file to reflect that you've paid your landlord the money you owed them.
You can find Oregon landlord-tenant laws on the OregonLegislature.gov website. ORS chapters 90 and 105 govern landlord-tenant relationships and eviction cases. Here are the laws that apply:
- ORS 105.164: This law explains when the court must set aside (clear) eviction records each year.
- ORS 105.165: This law says when a tenant can ask the court to set aside (clear) their eviction record on their own.