Oregon Revised Statutes

Or. Rev. Stat. § 137.281 (2026)

Withdrawal of rights during term of incarceration; restoration of rights

✓ current as of May 2026

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137.281 Withdrawal of rights during term of incarceration; restoration of rights. (1) In any felony case, when the defendant is sentenced to a term of incarceration, the defendant is deprived of all rights and privileges described in subsection (3) of this section from the date of sentencing until:

(a) The defendant is released from incarceration; or

(b) The defendant’s conviction is set aside.

(2) Subsection (1) of this section applies to any term of incarceration, whether the term of incarceration was imposed as a result of conviction or as a sanction or revocation resulting from the defendant’s violation of the terms and conditions of probation, parole or post-prison supervision.

(3) The rights and privileges of which a person may be deprived under this section are:

(a) Holding a public office or an office of a political party or becoming or remaining a candidate for either office;

(b) Holding a position of private trust;

(d) Exercising the right to vote.

(4) If the court under subsection (1) of this section temporarily stays execution of sentence for any purpose other than probation, the defendant nonetheless is sentenced for purposes of subsection (1) of this section.

(5) A person convicted of any crime and serving a term of imprisonment in any federal correctional institution in this state is deprived of the rights to register to vote, update a registration or vote in any election in this state from the date of sentencing until:

(a) The person is discharged or paroled from imprisonment; or

(b) The person’s conviction is set aside.

(6) The county clerk or county official in charge of elections in any county may cancel the registration of any person serving a term of imprisonment in any federal correctional institution in this state.

(7) Except as otherwise provided in ORS 10.030, the rights and privileges withdrawn by this section are restored automatically upon release from incarceration, but in the case of parole shall be automatically withdrawn upon a subsequent imprisonment for violation of the terms of the parole. [1983 c.515 §2 (enacted in lieu of 137.280); 1987 c.320 §32; 1993 c.14 §4; 1997 c.313 §10; 1999 c.499 §1; 2008 c.35 §6]

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1992–2022 · leading case: State v. Fugate, 963 P.2d 686 (Or. Ct. App. 1998).

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State v. Fugate, 963 P.2d 686 (Or. Ct. App. 1998). · cites it 6× “"(2) Any person is eligible to act as a juror unless the person: "(a) Is not a citizen of the United States; "(b) Does not live in the county in which summoned for jury service; "(c) Is less than 18 years of age; or "(d) Has had rights and privileges withdrawn and not restored…”

State v. Hutchinson, 9 P.3d 722 (Or. Ct. App. 2000). · cites it 4× ““(2) Any person is eligible to act as a juror in a civil trial unless the person: “(a) Is not a citizen of the United States; “(b) Does not live in the county in which summoned for jury service; “(c) Is less than 18 years of age; or “(d) Has had rights and privileges withdrawn…”

State v. Brown, 825 P.2d 282 (Or. Ct. App. 1992). · cites it 4× “[1] ORS 137.281 suspends certain rights during incarceration and automatically restores them upon release or parole.”

United States v. Cesar Becerra, 939 F.3d 995 (9th Cir. 2019). “And the jury’s decision will generate a cascade of other consequences: A citizen found guilty often is unable to participate in our democratic system by voting, see, e.”

Byers v. Dept. of Corr. (A174503), 510 P.3d 286 (Or. Ct. App. 2022). · cites it 2× “Petitioner contends that those subparagraphs of the rule exceed DOC’s authority under ORS 137.281, providing that, during a term of incarceration, an adult in custody is deprived of the right to hold public office, to hold a position of private trust, to act as a juror, or to…”

United States v. Crampton (9th Cir. 2007). “. restoration of civil rights expressly pro- vides that the person may not ship, transport, possess, or receive firearms.”

United States v. Crampton (9th Cir. 2008). “”11 The federal statute has a general rule, that felons cannot possess guns, an exception for felons whose civil rights have been restored, and an exclusion from the exception where the state restoration of civil rights excludes guns.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.