ORS 137.226
Eligibility for order setting aside certain marijuana convictions
(1)
Notwithstanding ORS 137.225 (Order setting aside conviction or record of criminal charge) (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 (Definitions for ORS 475C.005 to 475C.525) 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 (Definitions for ORS 475C.005 to 475C.525), 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 (Order setting aside conviction or record of criminal charge), and the court, when determining whether the person is eligible for the order, shall consider the offense to be classified under ORS 161.535 (Classification of felonies) or 161.555 (Classification of misdemeanors) 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]
Source:
Section 137.226 — Eligibility for order setting aside certain marijuana convictions, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html
.