OR SB397 | 2021 | Regular Session


Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: Passed on August 18 2021 - 100% progression
Action: 2021-08-18 - Effective date, January 1, 2022.
Text: Latest bill text (Enrolled) [PDF]


Modifies procedures for motions to set aside conviction, arrest, citation, charge, finding of contempt of court or judgment of guilty except for insanity. 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 Reduces waiting period for filing motion if person was revoked from probation , is seeking to set aside Class B felony or was convicted of other offense] or state elects not to proceed with prosecution.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.

Tracking Information

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Relating to expungement.


Roll Calls

2021-06-22 - House - House Third Reading (Y: 57 N: 1 NV: 0 Abs: 1) [PASS]
2021-06-16 - Senate - Senate Third Reading (Y: 24 N: 5 NV: 0 Abs: 1) [PASS]
2021-06-11 - Senate - Senate Committee Do pass the A-Eng bill (Y: 22 N: 1 NV: 0 Abs: 0) [PASS]
2021-04-13 - Senate - Senate Committee Do pass with amendments and requesting referral to Ways and Means. (Printed A-Engrossed.) (Y: 4 N: 2 NV: 0 Abs: 1) [PASS]


2021-08-18SenateEffective date, January 1, 2022.
2021-08-18SenateChapter 486, 2021 Laws.
2021-07-14SenateGovernor signed.
2021-06-25HouseSpeaker signed.
2021-06-25SenatePresident signed.
2021-06-22HouseThird reading. Carried by Stark. Passed. Ayes, 57; Nays, 1--Hayden; Excused, 1--Smith G.
2021-06-21HouseSecond reading.
2021-06-18HouseRecommendation: Do pass.
2021-06-16HouseReferred to Ways and Means.
2021-06-16HouseFirst reading. Referred to Speaker's desk.
2021-06-16SenateVote explanation(s) filed by Boquist, Heard.
2021-06-16SenateThird reading. Carried by Prozanski. Passed. Ayes, 24; Nays, 5--Boquist, Girod, Heard, Robinson, Thatcher; Excused, 1--Manning Jr.
2021-06-15SenateSecond reading.
2021-06-15SenateRecommendation: Do pass the A-Eng. bill.
2021-06-11SenateWork Session held.
2021-06-09SenateReturned to Full Committee.
2021-06-09SenateWork Session held.
2021-06-05SenateAssigned to Subcommittee On Public Safety.
2021-04-23SenateReferred to Ways and Means by order of the President.
2021-04-23SenateRecommendation: Do pass with amendments and be referred to Ways and Means. (Printed A-Eng.)
2021-04-13SenateWork Session held.
2021-03-01SenatePublic Hearing held.
2021-02-23SenatePublic Hearing held.
2021-01-19SenateReferred to Judiciary and Ballot Measure 110 Implementation.
2021-01-11SenateIntroduction and first reading. Referred to President's desk.

Oregon State Sources

Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/CommitteeReports/MajorityReport/32014
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/CommitteeReports/MajorityReport/32914
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/Measures/MeasureVotes?id=531185
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/Measures/MeasureVotes?id=532784

Bill Comments