Overview Description

Records of some convictions involving marijuana can be set aside if the defendant was under 21 and has no other convictions, excluding motor vehicle violations. Or. Rev. Stat. § 137.226.

This section applies only to offenses in which possession, delivery or manufacture of marijuana or a marijuana item as defined in section 475B.015 is an element. Or. Rev. Stat. § 137.226.

The petition must be filed in the court of conviction. For the specific procedure, see Or. Rev. Stat. § 137.225.

The petitioner must pay a fee of $80 to the Department of State Police and pay the filing fee of $252 established under section 21.135. Or. Rev. Stat. §§ 137.225(2)(c)-(d), 21.135.

The conviction is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225.

The petition can be filed one year after the date of judgment.