Oregon: Adult Convictions (OR-C-3)

Records of some convictions involving marijuana can be set aside if the defendant was under 21 and has no other convictions, excluding motor vehicle violations, and has complied with the sentence. Or. Rev. Stat. § 137.226.

Record Detail(s)

Youthful offense

Drug offenses

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

This section applies only to offenses in which possession, delivery or manufacture of marijuana or a marijuana item as defined in section 475B.015 is an element. Or. Rev. Stat. § 137.226.

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see Or. Rev. Stat. § 137.225.

Fees

The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e).

Effect

The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225.

Forms

There is no statutory language.

Waiting Periods

The petition can be filed one year after the date of judgment.

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