(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 persons 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 persons successful completion of a diversion agreement described in ORS 813.200. 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.
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