PCR Forms Help
Help Filing an Oregon Post-Conviction Petition
This page helps you fill out the Oregon post-conviction forms. It gives general information, not legal advice.
OPC does not represent you because you use this page or contact OPC. If a circuit court grants your motion for court-appointed counsel and sends OPC its appointment order, OPC assigns your case to a consortium attorney.
Three Things to Know
1. File in the right court and name the right defendant
If you are in an Oregon DOC prison: File in the circuit court for the county where you are imprisoned. Name the superintendent of your prison as the defendant.
If you are confined somewhere else: Name the official responsible for your confinement as the defendant.
If you are not imprisoned: File in the circuit court for the county where you were convicted and sentenced. Name the State of Oregon as the defendant.
Important: Oregon law treats a person on parole, post-prison supervision, or conditional pardon as imprisoned for this purpose.
2. Information on Critical Filing Deadlines
Oregon PCR deadline — ORS 138.510
A post-conviction petition must be filed within two years of:
- If no appeal is taken, the date the judgment or order on the conviction was entered in the register.
- If an appeal is taken, the date the appeal is final in the Oregon appellate courts.
- If a petition for certiorari is filed in the United States Supreme Court, the later of the date certiorari is denied or the date a final state court judgment is entered after remand from the United States Supreme Court.
ORS 138.510 contains limited exceptions. Read the current statute.
Federal habeas deadline
Federal habeas corpus has a separate one-year deadline. A properly filed state post-conviction petition stops that federal clock while the state post-conviction case is pending. It does not start the one-year period over.
Filing by mail
The petition must reach the proper circuit court and be filed there before an applicable deadline expires.
3. Support the claims you make
Do not file only the sample claim language from this page.
ORS 138.580 requires supporting material for the claims in a petition. Attach records, letters, reports, transcripts, or other documents you have that support your claims.
If the supporting facts are things you personally know, this page can also make a short supporting declaration from the answers you enter below.
If a document is already in the underlying circuit court criminal case file, special court rules may allow you to identify and rely on that material instead of attaching another copy.
Fill Out the Oregon PCR Forms Online
Type your information here, then use Create Completed Official PCR Forms. Your answers stay in this browser and are not sent to OPC or saved by this website.
The completed printout uses the standardized Oregon form pages. Your typed answers are placed onto those pages; the form wording and layout are not replaced. Before filing, read every page carefully, correct anything that is inaccurate, attach supporting materials, and sign and notarize where required. The court clerk supplies the PCR case number if you do not already have one.
Petition for Post-Conviction Relief
Motion to Proceed as an Indigent Person and for Appointment of Counsel
The printed motion automatically uses the county, petitioner, defendant, case number, and date entered above.
Affidavit of Financial Eligibility
Paragraph 9 Claim Helper
Use this helper for Paragraph 9 of the Petition for Post-Conviction Relief.
Paragraph 9 is where you state why you believe your conviction or sentence is unlawful. If you need more room or have more claims, put them on attached pages and write in Paragraph 9:
“Additional claims for relief are set forth on the attached pages and are incorporated into Paragraph 9 of this petition by reference.”
Privacy: What you type here stays on your device. It is not sent to OPC or saved by this website.
Your Paragraph 9 Starting Language
The helper uses each answer to make a short sentence for your claim. Read every sentence and change anything that does not say what you mean.
Tip: Answer each box in your own words. The helper will place your answer into a short sentence for the claim.
Read this before using it: Make sure the words are true. Change or delete anything that is not accurate. This tool does not decide whether your claim is legally sufficient or will succeed.
Supporting Declaration Details
The petition already states your claim and is verified under oath. A supporting declaration is most useful when it adds specific facts you personally know rather than simply repeating the claim.
Write in complete sentences and give as much concrete detail as you can. If you remember the exact words someone used, include them. Approximate dates or locations are fine if you do not remember the exact information.
Your Supporting Declaration
Read the declaration carefully. Delete or change anything that is not accurate. Use only facts you personally know.
The certification above the signature line uses the declaration language in ORCP 1 E for a declaration made within the United States. A declaration does not need to be notarized.
Declaration from Another Witness
A witness declaration should contain facts the witness personally saw, heard, said, or did. It should not simply repeat the petitioner’s claim or describe things the witness only learned from someone else.
The witness should provide the details in the witness’s own words, then personally review and sign the completed declaration. Create a separate declaration for each witness.
Witness Declaration
The witness must read this carefully and change or delete anything that is not accurate. The witness should sign only a declaration that is true based on the witness’s own personal knowledge.
The certification above the signature line uses the declaration language in ORCP 1 E for a declaration made within the United States. A declaration does not need to be notarized.
OPC cannot review or approve your petition before appointment. OPC staff do not choose your claims or calculate your filing deadline. If a circuit court grants your motion for court-appointed counsel and sends OPC its appointment order, OPC will assign the case to a consortium attorney.