Expungement of GEI
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Expungement of GEI (Motion to set aside finding of GEI)
Expungement: Frequently Asked Questions
 
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ENABLING LEGISLATION
 
 
SUMMARY
 
In 2015, ORS 137.223 was signed into law. ORS 137.223 permits those who have been adjudicated “Guilty Expect for Insanity” (GEI) of certain crimes to request expungement of that finding from their criminal record. If expungement is granted, all GEIs from the person’s criminal history will be sealed and the record will appear as though the person were never found GEI. The GEI expungement law mirrors the existing expungement law for those convicted of crimes. This new law is effective on January 2, 2016.
 
WHO MAY REQUEST EXPUNGMENT
 
A person who has been found GEI MAY APPLY for expungement IF:

1. At least 3 years have passed since the most recent GEI adjudication; and
 
2. The person found GEI is no longer under the jurisdiction of the PSRB or OHA (State Hospital Review Panel – SHRP); and
 
3. The person has no other findings of GEI in the 10 years immediately prior to filing the motion AND no convictions (for offenses other than motor vehicle violations) in the 10 years immediately prior to filing the motion; and
 
4. The person found GEI was in compliance with and performed requirements of GEI judgment and PSRB Orders of Conditional Release.
 
ARE CERTAIN CRIMES EXCLUDED FROM EXPUNGEMENT?
 
Yes. See the exhaustive list in the language of ORS 137.223. Generally, Unclassified (murder), Class A felonies and sex offenses are not expungable; however, there are many exceptions.
 
WHERE IS THE EXPUNGMENT PETITION FILED:
 
Expungement petitions must be filed with the court in the county in which the applicant was determined to be GEI.
 
HOW TO REQUEST EXPUNGMENT:
 
You may file an expungement motion at the courthouse in the county where the GEI was adjudicated. You will also be required to submit a full set of fingerprints (with a notation that says, “motion for setting aside judgement of guilty except for insanity”). The appropriate county’s District Attorney must be served a copy of the petition and the fingerprint card.
 
 
HOW TO GET PSRB RECORDS NEEDED FOR THE PETITION:
 
PSRB staff cannot give potential petitioners advice on how to apply for expungement; however, we can provide PSRB records to a petitioner with a signed release. If requested, PSRB staff may also provide documentation as to whether or not a petitioner was compliant with the conditions of release. If any person other than the petitioner would like a copy of the PSRB file, a court order signed by a judge is required. Contact PSRB staff at 503-229-5596 for more information.
 
WHAT ARE THE VICTIMS’ RIGHTS AT AN EXPUNGMEENT HEARING?
 
The district attorney is required to notify named victims when an expungement petition has been served on its office. Victims may make statements at the expungement hearing. The PSRB likely has the most recent contact information for a victim. In a case with named victims, District Attorney staff are encouraged to contact the PSRB or the Department of Justice Post-Conviction Victim Assistance Program.
 
 
IF EXPUNGEMENT IS GRANTED, DOES IT AUTOMATICALLY RESTORE MY FIREARM PRIVILEGES?
 
No. Under federal and state law, the PSRB is the designated gun relief authority for individuals who have a mental health determination. For more information on the Gun Relief process, please click here or contact the PSRB directly at 503-229-5596.
 
IF EXPUNGEMENT IS GRANTED, WILL THE PSRB DISCLOSE A PERSON WAS EVER UNDER PSRB JURISDICTION?
 
No. If the PSRB is notified that a former GEI client was granted expungement, the PSRB/SHRP will seal its records and respond to any inquiries with “we do not have records that match the name.” The exception to this would be if the person is subsequently found GEI of a new criminal charge and pleads GEI and is back under jurisdiction of the Board or SHRP.

RESOURCES FOR POTENTIAL PETITIONERS:
 
If you need assistance hiring an attorney (not required for an expungement hearing), contact the Oregon State Bar at 800-452-8260, ext. 408 (www.osbar.org) or Disability Rights Oregon at 503-243-2081 or 1-800-452-1694 or www.droregon.org.  For questions about eligibility, contact Alex Bassos, Metropolitan Public Defender Services at (503) 225-9100. Visit the Metropolitan Public Defender Services's website here.
 
RESOURCES FOR VICTIMS:
 
Contact PSRB staff at 503-229-5596 or visit our victim information page here.
 
Also contact the Department of Justice, Crime Victims Services Division where you can speak with a Victim Advocate about your rights and options. Their telephone number is (503) 378-4284.PSRB staff at 503-229-5596 or Department of Justice, Crime Victims Services Division where you can speak with a Victim Advocate about your rights and options. Their telephone number is (503) 378-4284.Department of Justice, Crime Victims Services Division where you can speak with a Victim Advocate about your rights and options. Their telephone number is (503) 378-4284. PSRB staff at 503-229-5596 or Department of Justice, Crime Victims Services Division where you can speak with a Victim Advocate about your rights and options. Their telephone number is (503) 378-4284.