SB 397 Oregon Senate · 2021 Regular Session

Relating to expungement.

Summary
Modifies procedure for filing motion ] procedures for motions to set aside conviction, arrest, citation , or ] charge , finding of contempt of court or judgment of guilty except for insanity . Eliminates fees, fingerprinting and background check ] filing fee and requires person to provide fingerprint card and criminal record check fee, if required, directly to Department of State Police . Reduces waiting period for filing motion if person was revoked from probation , is seeking to set aside Class B felony or was convicted of other offense ] or state elects not to proceed with prosecution . Modifies waiting periods for filing of motion for conviction or guilty except for insanity judgment based upon offense classification. Aligns time period prior to filing of motion, during which person may not have any other convictions other than motor vehicle violations, to waiting period. Authorizes prosecuting attorney to object to motion to set aside conviction or guilty except for insanity judgment within 120 days of motion. Provides that court shall grant motion to set aside arrest, citation or charge, or motion to set aside conviction if no objection received. Modifies standard for granting motion over objection. Prohibits prosecuting attorney from conditioning plea offer on defendant's waiver of ability to set aside conviction. Prohibits prosecuting attorney from conditioning agreement not to object to entry of guilty except for insanity judgment on defendant's waiver of ability to set aside judgment. Prohibits criminal history data provider from including in criminal history report information that fails to reflect material changes to criminal history occurring more than 60 days before date of report. Provides that violation of prohibition constitutes unlawful trade practice.
Bill status signed all 5 stages cleared
Introduction
Jan 2021
Committee Review
Jun 2021
Senate Passage
Jun 2021
House Passage
Jun 2021
Signed into Law
Jul 2021
Introduced Jan 11, 2021 Signed Jul 14, 2021
Floor votes · House Jun 23, 2021

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
25
Key actions
9
Committee
8
Jul 14, 2021
Signed into law
Governor signed.
upper
Jun 26, 2021
Lower · Passed
Speaker signed.
lower
Jun 25, 2021
Upper · Passed
President signed.
upper
Jun 23, 2021
Lower · Passed
Third reading. Carried by Stark. Passed.
lower
Jun 18, 2021
Lower · Passed
Recommendation: Do pass.
lower
Jun 16, 2021
Committee
Referred to Ways and Means.
lower
Jun 16, 2021
Introduced
Vote explanation(s) filed by Boquist, Heard.
upper
Jun 16, 2021
Introduced
First reading. Referred to Speaker's desk.
lower
Jun 16, 2021
Upper · Passed
Third reading. Carried by Prozanski. Passed.
upper
Jun 15, 2021
Upper · Passed
Recommendation: Do pass the A-Eng. bill.
upper
Jun 9, 2021
Upper · Passed
Returned to Full Committee.
upper
Jun 5, 2021
Committee
Assigned to Subcommittee On Public Safety.
upper
Apr 23, 2021
Committee
Referred to Ways and Means by order of the President.
upper
Apr 23, 2021
Upper · Passed
Recommendation: Do pass with amendments and be referred to Ways and Means. (Printed A-Eng.)
upper
Jan 19, 2021
Committee
Referred to Judiciary and Ballot Measure 110 Implementation.
upper
Jan 11, 2021
Introduced
Introduction and first reading. Referred to President's desk.
upper
4 primary · 5 co-sponsors

Sponsors