Pursuant to SB 819, the Lane County District Attorney’s Office will begin to review requests for sentencing modification on January 1, 2022.  The Lane County District Attorney’s Office will only agree to file a joint petition for resentencing under the terms of the Office’s Criteria for Discretionary Resentencing policy.

In order to request a sentencing review, a convicted defendant or his or her attorney must specify the conviction(s) to be reviewed and the desired terms of sentencing modification sought.  The request for review must also include: (1) a justification for why the original sentence no longer serves the interests of justice; (2) evidence reflecting the convicted persons age, time served, and/or diminished physical or mental capacity; (3) an admission of facts and expression of contrition; (4) work history; (5) vocational, educational, treatment and infraction history while in custody; (6) any psychological or medical documentation; (7) a release plan demonstrating re-entry readiness; and (8) a statement of support network and plans upon release.

Absent extraordinary circumstances that include newly identified evidence that significantly calls into question the integrity of the evidence upon which defendant was convicted, the Lane County District Attorney’s Office will not consider sentencing modifications for any level of homicide, violent sexual offenses, sexual offense involving abuse, solicitation or unlawful depictions of a child, violent felony convictions, case with defendants that have an extensive violent criminal history, cases where incarceration was imposed after the defendant violated probation on a downward dispositional departure, cases where the defendant benefitted from a significant reduction of charges during negotiations, cases where defendant has not served at least 50% of the original imposed sentence, and cases that involve enhancements for use of a firearm  or deadly weapon.

While all submissions for resentencing review will be examined, only the rare and extraordinary case will result in a decision to file a petition for sentencing modification.

For the full policy, see: (/UserFiles/Servers/Server_3585797/File/District%20Attorney/Standards%20for%20Discretionary%20Resentencing.pdf)

The effective date of this policy is January 1, 2022. 

http://courts.oregon.gov/Lane/Pages/Forms.aspx (Expungement Instructions) explains the Lane County Circuit Court expungement process and procedures.  Additional information and forms:
Expungement Instructions
Oregon State Police Form & Instructions
Motion to Set Aside