Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that establishes procedures for the expungement of marijuana related convictions.

Highlights:

• Defines “qualifying marijuana conviction” as a conviction for a marijuana offense (Sec. 2):

• Based on conduct outlined in ORS 475B.301 or possession of less than one ounce of the dried leaves, stems or flowers of marijuana;

• Committed prior to July 1, 2015; and

• For which the individual has completed and fully complied with or performed the sentence of the court.

• Authorizes individuals with qualifying marijuana convictions to apply to the court that administered the original judgment of conviction for an order that expunges this conviction (Sec. 2).

• Specifies that individuals applying for this order are not required to pay the filing fee or any other fee, or file a set of fingerprints (Sec. 2).

• Specifies that background checks or identification by the Department of State Police are not required (Sec. 2).

• Requires the individual to give a copy of the motion to the office of the prosecuting attorney in which the judgement of conviction was entered (Sec. 2).

• Authorizes the court to grant the motion and enter an order if the prosecuting attorney does not send an objection to the court within thirty days (Sec. 2).

• Requires the court to hold a hearing determining whether the conviction is a qualifying marijuana conviction if the court receives an objection from the prosecuting attorney (Sec. 2).

• Requires the court to issue an order sealing the record of conviction and other official records in the case, if the motion to set aside the qualifying marijuana conviction is granted (Sec. 2).

• Requires the clerk of the court to forward a certified copy of the order to the Department of Corrections when the person has been in the custody of the Department of Corrections, after which the conviction, arrest, citation, charge or other proceeding will be deemed to have never occurred (Sec. 2). 

Full Bill Text