475.925, 475.930 or 813.011, the court shall vacate the original judgment of conviction and proceed in accordance with the agreement. If applicable, the district attorney shall prepare a charging inst

475.925, 475.930 or 813.011, the court shall vacate the original judgment of conviction and proceed in accordance with the agreement. If applicable, the district attorney shall prepare a charging instrument charging the person with an alternative offense, the court shall proceed with taking a plea to the alternative offense, the person shall waive any challenges to the conviction for the alternative offense and the court shall impose the new sentence requested in the petition.

����� (c) If the court grants the petition and the court is not prohibited from imposing the sentence requested in the petition as described in paragraph (b) of this subsection, the court shall proceed in accordance with the agreement.

����� (d) If the court imposes a new sentence on the original conviction under this section, the court shall resentence the defendant in the same manner as if the person had not previously been sentenced, provided that the new sentence, if any, is not greater than the original sentence. The court shall impose the new sentence as specified in the petition notwithstanding any other law mandating or requiring a specific sentence.

����� (3) The court may consider post-conviction factors when determining whether to grant a petition under this section, including but not limited to:

����� (a) The person�s disciplinary record and record of rehabilitation while incarcerated;

����� (b) Evidence that reflects whether the person�s age, time served and diminished physical or mental condition, if any, have reduced the person�s risk for future violence;

����� (c) The safety of the victim associated with each conviction in the petition;

����� (d) The amount of the original sentence already served by the person; and

����� (e) Evidence that reflects changed circumstances since the person�s original sentencing and shows that the person�s continued incarceration no longer advances the interests of justice.

����� (4)(a) The district attorney shall use all reasonable efforts to inform the victim associated with each conviction in the petition, in a trauma-informed manner, of the fact that a petition has been filed under this section, and provide a copy of the petition to the victim, as soon as practicable and no later than 30 days before any hearing on the petition. The district attorney shall further make all reasonable efforts to provide notification to the victim of the date of the hearing, explain the petition process under this section to the victim, provide opportunities for input by the victim and provide the victim with access to available victim advocates and other related services.

����� (b) At the hearing described in subsection (2) of this section, the court shall provide an opportunity for victims to make a statement in person, in writing or through a representative.

����� (5) When a person is resentenced under this section, the person shall receive credit for time served under ORS 137.370. If the person is convicted of a new offense under this section, the court shall indicate that the new crime of conviction was committed as part of the same criminal episode as the original crime of conviction.

����� (6) A resentencing under this section does not revive any challenge to the resentenced conviction if the challenge would have been barred at the time of resentencing due to the passage of time. [2021 c.414 �1]

����� Note: 137.218 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.220 [1959 c.558 �33 (enacted in lieu of 137.190); renumbered 137.212 in 2021]

����� 137.221 Vacation of judgment of conviction for prostitution. (1) Notwithstanding ORS 138.540, a court may vacate a judgment of conviction for the crime of prostitution under ORS 167.007 or for violating a municipal prostitution ordinance as described in this section.

����� (2)(a) A person may request vacation of a judgment of conviction for prostitution by filing a motion in the county of conviction. The motion may be filed at least 21 days after the judgment of conviction is entered.

����� (b) A copy of the motion shall be served on the district attorney.

����� (c) The motion must contain an explanation of facts supporting a claim that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction. The motion must further contain an explanation of why those facts were not presented to the trial court.

����� (3) Upon receiving the motion described in subsection (2) of this section, the court shall hold a hearing. At the hearing, the person has the burden of proof and may present evidence that, at or around the time of the conduct giving rise to the prostitution conviction, the person was the victim of sex trafficking. The court shall consider any evidence the court deems of sufficient credibility and probative value in determining whether the person was a victim of sex trafficking. The evidence may include, but is not limited to:

����� (a) Certified records of a state or federal court proceeding demonstrating that the person was a victim of sex trafficking;

����� (b) Certified records from federal immigration proceedings recognizing the person as a victim of sex trafficking; and

����� (c) A sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a medical or other professional, certifying that the person has sought assistance addressing trauma associated with being a sex trafficking victim.

����� (4) If the court finds, by clear and convincing evidence, that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction, the court shall grant the motion.

����� (5) If the court grants a motion under this section, the court shall vacate the judgment of conviction for prostitution and may make other orders as the court considers appropriate.

����� (6) If the court grants a motion under this section while an appeal of the judgment of conviction is pending, the court shall immediately forward a copy of the vacation order to the appellate court.

����� (7) As used in this section:

����� (a) �Municipal prostitution ordinance� means a municipal ordinance prohibiting a person from engaging in, or offering or agreeing to engage in, sexual conduct or sexual contact in return for a fee.

����� (b) �Sex trafficking� means the use of force, intimidation, fraud or coercion to cause a person to engage, or attempt to engage, in a commercial sex act. [2017 c.245 �1; 2018 c.120 �7]

����� Note: 137.221 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.222 Motion for reduction of marijuana conviction offense classification; entry of amended judgment. (1)(a) Notwithstanding ORS 161.525, a person by motion may request the court to reduce the offense classification of a marijuana conviction as provided in this section.

����� (b) A marijuana conviction is eligible for reduction under this section if, since entry of judgment of conviction, the marijuana offense has been:

����� (A) Reduced from a felony to a misdemeanor;

����� (B) Reduced from a higher level felony to a lower level felony;

����� (C) Reduced from a higher level misdemeanor to a lower level misdemeanor; or

����� (D) Reduced from a crime to a violation.

����� (2) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135 or any other fee.

����� (3)(a) At the time of filing the motion, the person shall serve a copy of the motion upon the office of the prosecuting attorney of the jurisdiction in which the judgment of conviction was entered.

����� (b) The prosecuting attorney, within 30 days after the filing of the motion under paragraph (a) of this subsection, may file an objection to granting the motion only on the basis that:

����� (A) The person�s conviction is not eligible for reduction under this section; or

����� (B) The person has not completed and fully complied with or performed the sentence of the court.

����� (4) If no objection from the prosecuting attorney is received by the court within 30 days after the filing of the motion, the court shall grant the motion and proceed as provided in subsection (6) of this section if the conviction is eligible for reduction under this section and the court determines that the person has completed and fully complied with or performed the sentence of the court.

����� (5)(a) If the court receives an objection from the prosecuting attorney, the court shall hold a hearing.

����� (b) At the hearing, the person has the burden of establishing, by a preponderance of the evidence, that:

����� (A) The conviction is eligible for reduction under this section; and

����� (B) The person completed and fully complied with or performed the sentence of the court.

����� (c) If, at the hearing, the court determines that the conviction is eligible for reduction under this section and the person completed and fully complied with or performed the sentence of the court, the court shall grant the motion and proceed as provided in subsection (6) of this section.

����� (6) Upon granting a motion under this section, the court shall enter an amended judgment of conviction at the appropriate offense level. [2019 c.473 �1]

����� Note: 137.222 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.223 Order setting aside judgment of guilty except for insanity; fees; procedure; effect of order. (1) A person who has been found guilty except for insanity of an offense for which, if convicted, the person could apply for entry of an order setting aside the conviction pursuant to ORS 137.225, may by motion apply to the court for entry of an order setting aside the judgment finding the person guilty except for insanity of the offense.

����� (2)(a) A person described in subsection (1) of this section may file the motion to set aside a judgment of guilty except for insanity any time after the following time periods:

����� (A) For a judgment of guilty except for insanity on a Class B felony, seven years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the Psychiatric Security Review Board, whichever is later.

����� (B) For a judgment of guilty except for insanity on a Class C felony, five years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

����� (C) For a judgment of guilty except for insanity on a Class A misdemeanor, three years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

����� (D) For a judgment of guilty except for insanity on a Class B or Class C misdemeanor, one year from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

����� (b) A person is eligible to have a judgment of guilty except for insanity set aside under this section if the person has no other findings of guilty except for insanity and no convictions for offenses other than motor vehicle violations within the following time periods prior to filing the motion:

����� (A) For a motion concerning a judgment of guilty except for insanity on a Class B felony, seven years.

����� (B) For a motion concerning a judgment of guilty except for insanity on a Class C felony, five years.

����� (C) For a motion concerning a judgment of guilty except for insanity on a Class A misdemeanor, three years.

����� (D) For a motion concerning a judgment of guilty except for insanity on a Class B or Class C misdemeanor, one year.

����� (3)(a) A copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the offense. The prosecuting attorney may object to the motion filed and shall notify the court and the person of the objection within 120 days of receiving the motion.

����� (b) When a prosecuting attorney is served with a copy of a motion to set aside a judgment of guilty except for insanity under this section, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim, if any, of the offense by mailing a copy of the motion and notice to the victim�s last-known address.

����� (c) When a person files a motion under this section, the person must pay a fee to the Department of State Police for the purpose of the department performing a criminal record check, and shall forward to the department a full set of the person�s fingerprints on a fingerprint card or in any other manner specified by the department. The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. If the department is required to perform only one criminal record check for the person, the department may only charge one fee, regardless of the number of counties in which the person is filing a motion to set aside a conviction, arrest, charge or citation under this section. The department shall provide a copy of the results of the criminal record check to the prosecuting attorney.

����� (d) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135.

����� (4)(a) If an objection is received to a motion filed under this section, the court shall hold a hearing, and may require the filing of such affidavits and may require the taking of such proofs as the court deems proper. The court shall allow the victim to make a statement at the hearing. If the person is otherwise eligible for relief under this section, the court shall grant the motion and enter an order as described in paragraph (b) of this subsection unless the court makes written findings, by clear and convincing evidence, that the circumstances and behavior of the person, from the date of the judgment the person is seeking to set aside to the date of the hearing on the motion, do not warrant granting the motion due to the circumstances and behavior creating a risk to public safety. When determining whether the person�s circumstances and behavior create a risk to public safety, the court may only consider criminal behavior, or violations of regulatory law or administrative rule enforced by civil penalty or other administrative sanction that relate to the character of the conviction sought to be set aside. The court may not consider nonpunitive civil liability, monetary obligations and motor vehicle violations.

����� (b) An order entered under this subsection shall state the original arrest charge and the charge for which the person was found guilty except for insanity. The order shall further state that positive identification has been established by the Department of State Police and further identified as to Department of State Police number or submitting agency number.

����� (5)(a) Upon the entry of an order under subsection (4) of this section:

����� (A) The person, for purposes of the law, shall be deemed not to have been previously found guilty except for insanity, and the court shall issue an order sealing the records of the case, including the records of arrest, whether or not the arrest resulted in a further criminal proceeding.

����� (B) The court shall inform the person that the person�s right to possess, purchase or otherwise acquire a firearm remains prohibited under federal law.

����� (b) For purposes of this subsection, records of the case do not include medical records that are in the possession of the Psychiatric Security Review Board, including medical evaluations and reports submitted from other agencies concerning the status or compliance of the person.

����� (6) The clerk of the court shall forward a certified copy of the order entered under subsection (5) of this section to such agencies as directed by the court. A certified copy shall be sent to the Psychiatric Security Review Board. Upon entry of the order, the judgment of guilty except for insanity shall be deemed not to have been entered, and the person may answer accordingly any questions relating to its occurrence.

����� (7) For purposes of any civil action in which truth is an element of a claim for relief or affirmative defense, the provisions of subsection (6) of this section providing that the judgment of guilty except for insanity be deemed not to have been entered do not apply and a party may apply to the court for an order requiring disclosure of the official records in the case as may be necessary in the interests of justice.

����� (8) Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant. However, such an order has no other effect on the orders setting aside the judgment of guilty except for insanity.

����� (9) A prosecuting attorney may not condition an agreement not to object to the entry of a judgment of guilty except for insanity on an agreement by a person to waive the ability to set aside the judgment under this section.

����� (10) As used in this section, �affidavit� includes a declaration under penalty of perjury. [2015 c.320 �1; 2017 c.442 �16; 2021 c.486 �2]

����� Note: 137.223 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.224 Sealing of records related to drug enforcement misdemeanor. (1) Within 60 days of receiving verification from a deflection program coordinator that a person has completed a deflection program, after being referred to the program due to the alleged commission of unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, a law enforcement agency or district attorney shall seal all records related to the person�s participation in the program, the alleged conduct that resulted in the referral to the program and, if applicable, the citation for the offense and related criminal history records, and a court shall seal all electronic records that may have been created concerning the offense. Records sealed under this subsection are not subject to disclosure under ORS 192.311 to 192.478 or any other law.

����� (2) After two years have elapsed from the date of an offense for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, and if no further prosecutorial action on the citation for the offense has occurred, within 60 days after the conclusion of the two-year time period from the date of the offense, any law enforcement agency or district attorney that possesses records related to the citation, including related criminal history records, and any court that possesses electronic records related to the citation, shall seal the records. Records sealed under this subsection are not subject to disclosure under ORS 192.311 to 192.478 or any other law.

����� (3)(a) Notwithstanding ORS 137.225, when a person successfully completes a probation agreement and the court discharges the person and dismisses the proceedings against the person under ORS 475.897 (4), the court shall, within 90 days after the dismissal, enter an order sealing all records related to the arrest or citation and the criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

����� (b) Notwithstanding ORS 137.225 and subsection (4) of this section, when the court receives notice that a defendant has successfully completed a term of probation for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the court shall, within 90 days after the notification, enter an order sealing all records related to the arrest or citation and the criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

����� (c) Notwithstanding ORS 137.225, when a person is acquitted of unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the court shall, within 90 days after the acquittal, enter an order sealing all records related to the arrest or citation and the criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

����� (4)(a) Notwithstanding ORS 137.225, and except as provided in paragraph (b) of this subsection, after three years have passed from the date of entry of judgment of conviction for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the court shall, within 60 days after the three-year period has concluded, enter an order sealing all records related to the arrest or citation, charges and conviction. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

����� (b) If the court issues a warrant on a case with a conviction for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the time period between the issuance of the warrant and the date on which the person reappears in court on the case and the warrant is no longer active does not count toward the three-year time period described in paragraph (a) of this subsection.

����� (c) Notwithstanding ORS 137.225, after three years have passed since the dismissal of an unlawful possession of a controlled substance offense constituting a drug enforcement misdemeanor as described in ORS 475.896, if the court has not sealed records of the offense under subsection (2) or (3) of this section, the court shall, within 60 days after the three-year period has concluded, enter an order sealing all records related to the arrest or citation and any criminal proceedings. The court may enter an order sealing all records related to any other charges that were dismissed or removed from the charging instrument, other than records related to a diversion-related arrest or citation, if no other convictions exist in the case. The clerk of the court shall forward a copy of the order, or a certified copy if requested, to such agencies as directed by the court.

����� (5) If a case involves records related to two or more unlawful possession of a controlled substance offenses constituting a drug enforcement misdemeanor as described in ORS 475.896, and the records related to each offense are eligible for sealing under this section at different times, the court may not enter an order sealing records related to any drug enforcement misdemeanor in the case until all records related to drug enforcement misdemeanors in the case are eligible to be sealed.

����� (6) The court may not enter an order under this section sealing records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896 while a case has an active warrant.

����� (7)(a) Notwithstanding subsections (1) to (5) of this section and any other statute authorizing a court to enter an order sealing records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, if a case includes records other than those related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor, the court may not enter an order sealing records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor in the case until the court enters an order setting aside or expunging all other records in the case.

����� (b) When a court enters an order setting aside or expunging all records in a case other than records pertaining to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896 under any statute authorizing such an order:

����� (A) If all records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor in the case are eligible for sealing under this section, the court may enter an order sealing all records in the case under one order.

����� (B) Notwithstanding subsections (1) to (5) of this section, if the records related to unlawful possession of a controlled substance constituting a drug enforcement misdemeanor are not eligible for sealing under this section, the court may enter an order sealing the records if the court finds that the sealing would be in the best interests of the person who is the subject of the records and the public.

����� (8)(a) The State Court Administrator shall develop a standardized form for obtaining the information necessary for all entities to seal records as required by this section.

����� (b) When a person is charged with unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, the district attorney and the defense attorney shall ensure that a copy of the form described in paragraph (a) of this subsection is completed and submitted to the court.

����� (9) As used in this section, �diversion-related arrest or citation� means an arrest or citation for driving while under the influence of intoxicants for a charge that was dismissed as the result of the person�s successful completion of a diversion agreement described in ORS 813.200. [2024 c.70 �54; 2025 c.532 �26]

����� Note: 137.224 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.225 Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations. (1)(a) At any time after the person becomes eligible as described in paragraph (b) of this subsection, any person convicted of an offense, or found in contempt of court, who has fully complied with and performed the sentence of the court for the offense or contempt finding, and whose conviction or finding is described in subsection (5) of this section, by motion may apply to the court where the conviction or finding was entered for entry of an order setting aside the conviction or finding. A person who is still under supervision as part of the sentence for the offense that is the subject of the motion has not fully complied with or performed the sentence of the court.

����� (b) A person is eligible to file a motion under paragraph (a) of this subsection:

����� (A) For a Class B felony, seven years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.

����� (B) For a Class C felony or a finding of a person in contempt of court for violating an order related to abuse or a person crime, five years from the date of conviction or finding, or the release of the person from imprisonment for the conviction or finding sought to be set aside, whichever is later.

����� (C) For a Class A misdemeanor, three years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.

����� (D) For a Class B or Class C misdemeanor, a violation or a finding of a person in contempt of court not described in subparagraph (B) of this paragraph, one year from the date of conviction or finding, or the release of the person from imprisonment for the conviction or finding sought to be set aside, whichever is later.

����� (c) If no accusatory instrument is filed, at any time after 60 days from the date the prosecuting attorney indicates that the state has elected not to proceed with a prosecution or contempt proceeding, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge.

����� (d) At any time after an acquittal or a dismissal other than a dismissal described in paragraph (c) of this subsection, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge.

����� (e) Notwithstanding paragraph (b) of this subsection, a person whose sentence of probation was revoked may not apply to the court for entry of an order setting aside the conviction or finding for which the person was sentenced to probation for a period of three years from the date of revocation or until the person becomes eligible as described in paragraph (b) of this subsection, whichever occurs later.

����� (f) If the offense classification of a conviction has been reduced by the court, the applicable time period under paragraph (b) of this subsection is the time period associated with the reduced offense classification, calculated from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.

����� (g) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135.

����� (2)(a) A copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the offense or charge of contempt, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney may object to a motion filed under subsection (1)(a) of this section and shall notify the court and the person of the objection within 120 days of the date the motion was filed with the court.

����� (b) When a prosecuting attorney is served with a copy of a motion to set aside a conviction or finding under subsection (1)(a) of this section, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim, if any, by mailing a copy of the motion and notice to the victim�s last-known address.

����� (c) When a person makes a motion under this section, the person shall forward to the Department of State Police a full set of the person�s fingerprints on a fingerprint card or in any other manner specified by the department.

����� (d) When a person makes a motion under subsection (1)(a) of this section, the person must pay a fee to the Department of State Police for the purpose of the department performing a criminal record check. The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. If the department is required to perform only one criminal record check for the person, the department may only charge one fee, regardless of the number of counties in which the person is filing a motion to set aside a conviction, finding, arrest, charge or citation under this section. The department shall provide a copy of the results of the criminal record check to the prosecuting attorney.

����� (e) The prosecuting attorney may not charge the person a fee for performing the requirements described in this section.

����� (3)(a) If an objection is received to a motion filed under subsection (1)(a) of this section, the court shall hold a hearing, and may require the filing of such affidavits and may require the taking of such proofs as the court deems proper. The court shall allow the victim to make a statement at the hearing. If the person is otherwise eligible for relief under this section, the court shall grant the motion and enter an order as described in paragraph (b) of this subsection unless the court makes written findings, by clear and convincing evidence, that the circumstances and behavior of the person, from the date of the conviction or finding the person is seeking to set aside to the date of the hearing on the motion, do not warrant granting the motion due to the circumstances and behavior creating a risk to public safety. When determining whether the person�s circumstances and behavior create a risk to public safety, the court may only consider criminal behavior, or violations of regulatory law or administrative rule enforced by civil penalty or other administrative sanction that relate to the character of the conviction or finding sought to be set aside. The court may not consider nonpunitive civil liability, monetary obligations and motor vehicle violations. Upon granting the motion, the court shall enter an appropriate order containing the original arrest or citation charge, the conviction charge, if different from the original, the date of charge, the submitting agency and the disposition of the charge. Upon the entry of the order, the person for purposes of the law shall be deemed not to have been previously convicted, and the court shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge.

����� (b) The court shall grant a motion filed under subsection (1)(c) or (d) of this section, or under subsection (1)(a) of this section if no objection to the motion is received, and shall enter an appropriate order containing the original arrest or citation charge, the conviction charge, if applicable and different from the original, the date of charge, the submitting agency and the disposition of the charge. Upon the entry of the order, the person for purposes of the law shall be deemed not to have been previously convicted, arrested, cited or charged, and the court shall issue an order sealing all official records in the case, including the records of arrest, citation or charge, whether or not the arrest, citation or charge resulted in a further criminal proceeding.

����� (4) The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court. A certified copy must be sent to the Department of Corrections when the order concerns a conviction. Upon entry of the order, the conviction, arrest, citation, charge or other proceeding shall be deemed not to have occurred, and the person may answer accordingly any questions relating to its occurrence.

����� (5) The provisions of subsection (1)(a) of this section apply to the following convictions and findings:

����� (a) A Class B felony, except for a violation of ORS 166.429 or any crime classified as a person felony as defined in the rules of the Oregon Criminal Justice Commission.

����� (b) Any misdemeanor, Class C felony or felony punishable as a misdemeanor pursuant to ORS 161.705.

����� (c) An offense constituting a violation under state law or local ordinance.

����� (d) An offense committed before January 1, 1972, that, if committed after that date, would qualify for an order under this section.

����� (e) The finding of a person in contempt of court.

����� (6) Notwithstanding subsection (5) of this section, the provisions of subsection (1)(a) of this section do not apply to a conviction for:

����� (a) Criminal mistreatment in the second degree under ORS 163.200 if the victim at the time of the crime was 65 years of age or older.

����� (b) Criminal mistreatment in the first degree under ORS 163.205 if the victim at the time of the crime was 65 years of age or older, or when the offense constitutes child abuse as defined in ORS 419B.005.

����� (c) Endangering the welfare of a minor under ORS 163.575 (1)(a), when the offense constitutes child abuse as defined in ORS 419B.005.

����� (d) Criminally negligent homicide under ORS 163.145, when that offense was punishable as a Class C felony.

����� (e) Assault in the third degree under ORS 163.165 (1)(h).

����� (f) Any sex crime, unless:

����� (A) The sex crime is listed in ORS 163A.140 (1)(a) and:

����� (i) The person has been relieved of the obligation to report as a sex offender pursuant to a court order entered under ORS 163A.145 or 163A.150; and

����� (ii) The person has not been convicted of, found guilty except for insanity of or found to be within the jurisdiction of the juvenile court based on a crime for which the court is prohibited from setting aside the conviction under this section; or

����� (B) The sex crime constitutes a Class C felony and:

����� (i) The person was under 16 years of age at the time of the offense;

����� (ii) The person is:

����� (I) Less than two years and 180 days older than the victim; or

����� (II) At least two years and 180 days older, but less than three years and 180 days older, than the victim and the court finds that setting aside the conviction is in the interests of justice and of benefit to the person and the community;

����� (iii) The victim�s lack of consent was due solely to incapacity to consent by reason of being less than a specified age;

����� (iv) The victim was at least 12 years of age at the time of the offense;

����� (v) The person has not been convicted of, found guilty except for insanity of or found to be within the jurisdiction of the juvenile court based on a crime for which the court is prohibited from setting aside the conviction under this section; and

����� (vi) Each conviction or finding described in this subparagraph involved the same victim.

����� (7)(a) Notwithstanding subsection (5) of this section, the provisions of subsection (1)(a) of this section do not apply to:

����� (A) A conviction for a state or municipal traffic offense.

����� (B) A person convicted of any other offense, excluding motor vehicle violations and unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896, or found in contempt of court for violating an order related to abuse or a person crime, within the following applicable time period immediately preceding the filing of the motion pursuant to subsection (1)(a) of this section, whether or not the other conviction is for conduct associated with the same criminal episode that caused the conviction, or with the same course of conduct that caused the finding, that is sought to be set aside:

����� (i) For a motion concerning a Class B felony, seven years.

����� (ii) For a motion concerning a Class C felony or a finding of a person in contempt of court for violating an order related to abuse or a person crime, five years.

����� (iii) For a motion concerning a Class A misdemeanor, three years.

����� (iv) For a motion concerning a Class B or Class C misdemeanor a violation or a finding of contempt of court not described in sub-subparagraph (ii) of this subparagraph, one year.

����� (C) A person who at the time the motion described in this section is pending before the court is under charge of commission of any crime or contempt of court for violating an order related to abuse or a person crime.

����� (b) A single violation, other than a motor vehicle violation, within the time period specified in paragraph (a)(B) of this subsection is not a conviction under this subsection. Notwithstanding subsection (1) of this section, a conviction that has been set aside under this section shall be considered for the purpose of determining whether paragraph (a)(B) of this subsection is applicable.

����� (8) The provisions of subsection (1)(c) or (d) of this section do not apply to:

����� (a) An arrest or citation for driving while under the influence of intoxicants if the charge is dismissed as a result of the person�s successful completion of a diversion agreement described in ORS 813.200.

����� (b) The dismissal of a citation for a traffic violation.

����� (c) A person who at the time the motion described in this section is pending before the court is under charge of commission of any crime or contempt of court for violating an order related to abuse or a person crime.

����� (9) The provisions of subsection (1) of this section apply to convictions, findings, arrests, citations and charges that occurred before, as well as those that occurred after, September 9, 1971. There is no time limit for making an application.

����� (10) For purposes of any civil action in which truth is an element of a claim for relief or affirmative defense, the provisions of subsection (3) of this section providing that the conviction, finding, arrest, citation, charge or other proceeding be deemed not to have occurred do not apply and a party may apply to the court for an order requiring disclosure of the official records in the case as may be necessary in the interest of justice.

����� (11)(a) Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant. However, such an order has no other effect on the orders setting aside the conviction or finding, or the arrest, citation or charge record.

����� (b) Notwithstanding paragraph (a) of this subsection, when an arrest, citation or charge described in subsection (1)(c) of this section is set aside, a prosecuting attorney may, for the purpose of initiating a criminal proceeding within the statute of limitations, unseal the records sealed under this section by notifying the court with jurisdiction over the charge, record of arrest or citation. The prosecuting attorney shall notify the person who is the subject of the records of the unsealing under this paragraph by sending written notification to the person�s last known address.

����� (12) The State Court Administrator shall create forms to be used throughout the state for motions and proposed orders described in this section.

����� (13) As used in this section:

����� (a) �Affidavit� includes a declaration under penalty of perjury.

����� (b) �Order related to abuse or a person crime� means:

����� (A) A court order issued under ORS 107.095 (1)(c) or (d), 107.700 to 107.735, 124.005 to 124.040,