or any other statute authorizing the court to set aside the judgment

475C.397 or any other statute authorizing the court to set aside the judgment of conviction. [2025 c.395 �1]

����� 137.226 Eligibility for order setting aside certain marijuana convictions. (1) Notwithstanding ORS 137.225 (1)(a), a defendant is eligible for an order setting aside a conviction for a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element after one year has elapsed from the date of entry of judgment of conviction if:

����� (a) The defendant was under 21 years of age at the time of the conviction;

����� (b) The defendant has not been convicted of any other offense, excluding motor vehicle violations; and

����� (c) The defendant has fully complied with and performed the sentence of the court.

����� (2) When a person is convicted of an offense involving possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009, and when the conduct that is the basis of the conviction occurred before April 21, 2017, the convicted person may file a motion for a court order setting aside the conviction pursuant to ORS 137.225, and the court, when determining whether the person is eligible for the order, shall consider the offense to be classified under ORS 161.535 or 161.555 as if the conduct occurred on or after April 21, 2017, or, if the offense is no longer a crime, shall consider the offense to be classified as a Class C misdemeanor. [2015 c.844 �3; subsection (2) of 2017 Edition enacted as 2017 c.21 �21; 2017 c.21 �99]

����� Note: The amendments to 137.226 by section 99, chapter 21, Oregon Laws 2017, apply to conduct occurring on and after April 21, 2017. See section 127, chapter 21, Oregon Laws 2017.

����� Note: 137.226 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.

(Alcoholic or Drug-Dependent Person)

����� 137.227 Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation. (1) After a defendant has been convicted of a crime, the court may cause the defendant to be evaluated to determine if the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306. The evaluation shall be conducted by an agency or organization designated under subsection (2) of this section.

����� (2) The court shall designate agencies or organizations to perform the evaluations required under subsection (1) of this section. The designated agencies or organizations must meet the standards set by the Oregon Health Authority to perform the evaluations for drug dependency and must be approved by the authority. Wherever possible, a court shall designate agencies or organizations to perform the evaluations that are separate from those that may be designated to carry out a program of treatment for alcohol or drug dependency. [1991 c.630 �1; 2009 c.595 �94]

����� Note: 137.227 to 137.229 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.228 Finding that defendant is alcoholic or drug-dependent person; effect. (1) When a defendant is sentenced for a crime, the court may enter a finding that the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306. The finding may be based upon any evidence before the court, including, but not limited to, the facts of the case, stipulations of the parties and the results of any evaluation conducted under ORS 137.227.

����� (2) When the court finds that the defendant is an alcoholic or a drug-dependent person, the court, when it sentences the defendant to a term of imprisonment, shall direct the Department of Corrections to place the defendant in an appropriate alcohol or drug treatment program, to the extent that resources are available. The alcohol or drug treatment program shall meet the standards promulgated by the Oregon Health Authority pursuant to ORS 430.357. [1991 c.630 ��2,3; 2005 c.271 �1; 2009 c.595 �95]

����� Note: See note under 137.227.

����� 137.229 Duty of Department of Corrections. The Department of Corrections, to the extent that funds are available, shall expand existing and establish new treatment programs for alcohol and drug dependency that meet minimum standards adopted by the Oregon Health Authority pursuant to ORS 430.357. [1991 c.630 �4; 2011 c.673 �5]

����� Note: See note under 137.227.

(Effects of Felony Conviction)

����� 137.230 Definitions for ORS 137.260. As used in ORS 137.260, �conviction� or �convicted� means an adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction. [1961 c.412 �1; 1987 c.158 �20]

����� 137.240 [Formerly 421.110; 1973 c.56 �1; 1973 c.836 �266; 1974 c.36 �2; repealed by 1975 c.781 �10]

����� 137.250 [Formerly 421.112; 1973 c.836 �267; repealed by 1975 c.781 �10]

����� 137.260 Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged. Any person convicted of a felony prior to August 9, 1961, and subsequently discharged from probation, parole or imprisonment prior to or after August 9, 1961, is hereby restored to the political rights of the person. [1961 c.412 �4]

����� 137.270 Effect of felony conviction on property of defendant. No conviction of any person for crime works any forfeiture of any property, except in cases where the same is expressly provided by law; but in all cases of the commission or attempt to commit a felony, the state has a lien, from the time of such commission or attempt, upon all the property of the defendant for the purpose of satisfying any judgment which may be given against the defendant for any fine on account thereof and for the costs and disbursements in the proceedings against the defendant for such crime; provided, however, such lien shall not attach to such property as against a purchaser or incumbrancer in good faith, for value, whose interest in the property was acquired before the entry of the judgment against the defendant. [Formerly 137.460; 2003 c.576 �191]

����� 137.275 Effect of felony conviction on civil and political rights of felon. Except as otherwise provided by law, a person convicted of a felony does not suffer civil death or disability, or sustain loss of civil rights or forfeiture of estate or property, but retains all of the rights of the person, political, civil and otherwise, including, but not limited to, the right to vote, to hold, receive and transfer property, to enter into contracts, including contracts of marriage, and to maintain and defend civil actions, suits or proceedings. [1975 c.781 �1]

����� 137.280 [1975 c.781 �2; repealed by 1983 c.515 �1 (137.281 enacted in lieu of 137.280)]

����� 137.281 Withdrawal of rights during term of incarceration; restoration of rights. (1) In any felony case, when the defendant is sentenced to a term of incarceration, the defendant is deprived of all rights and privileges described in subsection (3) of this section from the date of sentencing until:

����� (a) The defendant is released from incarceration; or

����� (b) The defendant�s conviction is set aside.

����� (2) Subsection (1) of this section applies to any term of incarceration, whether the term of incarceration was imposed as a result of conviction or as a sanction or revocation resulting from the defendant�s violation of the terms and conditions of probation, parole or post-prison supervision.

����� (3) The rights and privileges of which a person may be deprived under this section are:

����� (a) Holding a public office or an office of a political party or becoming or remaining a candidate for either office;

����� (b) Holding a position of private trust;

����� (c) Acting as a juror; or

����� (d) Exercising the right to vote.

����� (4) If the court under subsection (1) of this section temporarily stays execution of sentence for any purpose other than probation, the defendant nonetheless is sentenced for purposes of subsection (1) of this section.

����� (5) A person convicted of any crime and serving a term of imprisonment in any federal correctional institution in this state is deprived of the rights to register to vote, update a registration or vote in any election in this state from the date of sentencing until:

����� (a) The person is discharged or paroled from imprisonment; or

����� (b) The person�s conviction is set aside.

����� (6) The county clerk or county official in charge of elections in any county may cancel the registration of any person serving a term of imprisonment in any federal correctional institution in this state.

����� (7) Except as otherwise provided in ORS 10.030, the rights and privileges withdrawn by this section are restored automatically upon release from incarceration, but in the case of parole shall be automatically withdrawn upon a subsequent imprisonment for violation of the terms of the parole. [1983 c.515 �2 (enacted in lieu of