Oregon law allows a person to change the legal sex/gender marker by court order. The law does not limit the gender designation to Male or Female. On June 10, 2016, Amy Holmes Hehn granted a petitioner’s request to be designated as NONBINARY.
I have altered the forms provided by the court to include the NONBINARY designation so people can seek this change on their own.
Below you will find two sets of forms….the first is to legally change both the sex/gender and the name and the second set is just to change the sex/gender.
CHANGING SEX/GENDER AND NAME
CHANGING SEX/GENDER ONLY
On June 10, 2016, a Multnomah County Circuit Court Judge for the State of Oregon granted Jamie Shupe’s petition to change the legal sex/gender marker from Female to Nonbinary. Lake Perriguey, of Law Works LLC, represented Jamie in what is understood to be the first order from a United States state court to recognize “non-binary” as a legal gender/sex identifier as part of a legal sex change procedure.
Oregon law does not specifically limit gender choices to Male or Female. Instead, the law allows a judge to order a legal change of sex and enter a judgment indicating the change of sex of a person if the court determines that the individual has undergone surgical, hormonal or other treatment appropriate for that individual for the purpose of gender transition and that sexual reassignment has been completed. See Oregon Revised Statute 33.460.
Since 2013, Oregon law does not require that a person submit to surgery prior to a court ordering a change in the person’s sex marker. Oregon law currently recognizes only two identifying words for a person’s “sex” – Male and Female. The Oregon process to change the legal gender/sex status from M to F or from F to M is relatively simple. You do not need to hire a lawyer.
The Oregon law states:
A court * * * may order a legal change of sex and enter a judgment indicating the change of sex of a person if the court determines that the individual has undergone surgical, hormonal or other treatment appropriate for that individual for the purpose of gender transition and that sexual reassignment has been completed. (ORS 33.460).
In Multnomah County, Portland, the forms may be picked up, filled out, and filed on the second floor of the courthouse. The forms and instructions are at this link: Sex Change Forms and Instructions
You can file for Sex Change and for Name Change at the same time for one fee.
The filing fee is $111.
Judges in Portland will not ask for a doctor’s letter, as the law does not require a letter.
The Lane County Court website wrongly states that surgery is required. Judges in jurisdictions outside of Portland may be less familiar with the law.
Call Lake at 503.227.1928 if you need assistance, or would prefer not to go to court, my office can handle all aspects of name and sex change orders and appear before the court on your behalf.
Melcliff Associates, LLC, the plaintiff seeking to overturn the City of Portland emergency ordinance to provide renters a slight reprieve from rapid evictions, filed a motion today arguing that state law controls, and the City of Portland overstepped its authority in a way that harms land owners’ rights.
Sealing the court and police records of a conviction and arrest can help with employment opportunities, voting rights, and may limit the effect of any future police contact. Expungement is a process by which some criminal records of arrest and the fact of a conviction may be set aside, sealed, and deemed never to have happened.
1. Is your conviction or your arrest eligible for expungement.
The expungement law is outlined in ORS 137.225. Not all crimes are eligible to be set aside.
Generally, most misdemeanors and C felonies can be expunged. Applicants must not have been convicted of any crime or other violation in the past three years. (NOTE: A ticket for failure to pay bus fare or train fare counts as a violation). If you were convicted of two felonies or misdemeanors, you must wait 10 years.
Most B felonies can be expunged if there has been no conviction for 20 years.
NOTE: Traffic offenses and some other crimes are not eligible for expungement.
2. Get Fingerprints.
Private businesses provide this service.
3. Prepare Forms.
If a case was filed, but you were later acquitted or the charge was dismissed, use the paperwork for Setting Aside an Arrest Record.
Set Aside Arrest Record Only:
Setting Aside Conviction(s):
4. Complete and File the Forms.
File the paperwork with the Court (Circuit, Municipal, etc.) where you were convicted (or where charges were filed if you were later acquitted or the charge was dismissed), or the Court of Jurisdiction where you were arrested if charges were not filed. The Court will only accept original paperwork, not copies.
There is a filing fee required to file a Motion to Set Aside a Conviction (no filing fee to set aside an Arrest Record). Please see the state’s Fee Schedule under SETTING ASIDE A CONVICTION for the current filing fee. Additional fees may be required by other agencies to complete the process.
5. Serve the Prosecuting Attorney’s Office.
Serve a copy of all paperwork filed with the Court on the Prosecuting Attorney (For Circuit Court Cases, this is the District Attorney). Keep copies for your records. You must provide the original set of your fingerprints to the Prosecuting Attorney, and if you are trying to expunge a conviction, you must also include a certified check payable to Oregon State Police for $80 to set aside a conviction; if the arrest resulted in a dismissal or no charges were filed, and you are seeking only to seal the record, no fee to the Oregon State Police is required).
6. Wait to hear from the Court.
The Prosecuting Attorney’s office will send the paperwork, fingerprints, and the check to the Oregon State Police. The Oregon State Police will then do a fingerprint comparison to be sure the correct record is being considered for a set aside or expungement. The paperwork, fingerprints and a copy of the computerized criminal history are returned to the Prosecuting Attorney’s office.
After reviewing the computerized criminal history, the Prosecuting Attorney’s office offers a recommendation for approval or denial of the motion put before the court. If they recommend approval, the paperwork and the “Order to Set Aside Arrest/Conviction” is presented before the judge in the court where the case was originally tried (Circuit, Municipal, etc.) for final review and approval or denial. You will be notified of the Court’s decision.
**Be sure to keep the court notified of any address change while you are waiting to hear back.**
If the Prosecuting Attorney’s office recommends a denial of the motion, a hearing will be set before the judge, and the Court will mail you notice of the date and time you must appear.
You may call the Court to check the status of your case.
7. If a Hearing is Set, Come to Court at the Date and Time Listed in the Notice.
Be prepared to argue your case before the judge. You may wish to hire an attorney to represent you at the hearing, since the Prosecuting Attorney’s office will be represented by an attorney, but this is not required. If you fail to appear at the hearing, your Motion will most likely be denied.
If your motion is allowed, signed and certified orders are forwarded from the Court to the Oregon State Police and other agencies for appropriate action and compliance with the order. It may take some time before the information is actually sealed in all records; during that time, information about your arrest or conviction may still be available to others.
Today the United States Supreme Court denied the National Organization’s year-long effort to meddle in Oregon’s marriage equality case, Geiger v. Kitzhaber, that Law Works LLC initiated in July 2013. With this Supreme Court decision, John Eastman’s and the National Organization for Marriage #NOM’s Oregon money machine is now defunct.
Equality in Oregon arrived on May 19, 2014 in the Honorable Michael McShane’s decision.