Relating to expungement.
Do you support it?
Want to know if it passes?
We'll email you when SB 397 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on SB 397.
You're tracking SB 397
We'll email you the moment it moves.
SB 397 — Relating to expungement.
Last action — Effective date, January 1, 2022.
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed House
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced January 11, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
13 sponsors
4 primary, 9 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (5 D).
-
Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Modifies <i>procedure for filing motion</i>]<b> procedures for motions</b> to set aside conviction, arrest, citation<b>,</b> <i>or</i>] charge<b>, finding of contempt of court or judgment of guilty except for insanity</b>. Eliminates <i>fees, fingerprinting and background check</i>]<b> filing fee and requires person to provide fingerprint card and criminal record check fee, if required, directly to Department of State Police</b>. Reduces waiting period for filing motion if person was revoked from probation <i>, is seeking to set aside Class B felony or was convicted of other offense</i>]<b> or state elects not to proceed with prosecution</b>. <b>Modifies waiting periods for filing of motion for conviction or guilty except for insanity judgment based upon offense classification. Aligns time period prior to filing of motion, during which person may not have any other convictions other than motor vehicle violations, to waiting period. Authorizes prosecuting attorney to object to motion to set aside conviction or guilty except for insanity judgment within 120 days of motion.</b> Provides that court shall grant motion to set aside arrest, citation or charge, or motion to set aside conviction if no objection received. Modifies standard for granting motion over objection. <b>Prohibits prosecuting attorney from conditioning plea offer on defendant's waiver of ability to set aside conviction. Prohibits prosecuting attorney from conditioning agreement not to object to entry of guilty except for insanity judgment on defendant's waiver of ability to set aside judgment. Prohibits criminal history data provider from including in criminal history report information that fails to reflect material changes to criminal history occurring more than 60 days before date of report. Provides that violation of prohibition constitutes unlawful trade practice.</b>
Bill Text
We don't have the full text on file for this bill yet.
Read SB 397 on the official Oregon source →Action History
-
Effective date, January 1, 2022.
-
Chapter 486, 2021 Laws.
-
Governor signed.
-
Speaker signed.
-
President signed.
-
Third reading. Carried by Stark. Passed.
-
Second reading.
-
Recommendation: Do pass.
-
Referred to Ways and Means.
-
Vote explanation(s) filed by Boquist, Heard.
-
First reading. Referred to Speaker's desk.
-
Third reading. Carried by Prozanski. Passed.
-
Second reading.
-
Recommendation: Do pass the A-Eng. bill.
-
Work Session held.
-
Work Session held.
-
Returned to Full Committee.
-
Assigned to Subcommittee On Public Safety.
-
Referred to Ways and Means by order of the President.
-
Recommendation: Do pass with amendments and be referred to Ways and Means. (Printed A-Eng.)
-
Work Session held.
-
Public Hearing held.
-
Public Hearing held.
-
Referred to Judiciary and Ballot Measure 110 Implementation.
-
Introduction and first reading. Referred to President's desk.
Sponsors
- Floyd Prozanski · Primary
- Chris Gorsek · Cosponsor
- Lew Frederick · Cosponsor
- Janeen Sollman · Primary
- Zach Hudson · Cosponsor
- Kate Lieber · Cosponsor
- Maxine Dexter · Cosponsor
- Lily Morgan · Cosponsor
- Marty Wilde · Cosponsor
- Duane Stark · Primary
- Bill Kennemer · Cosponsor
- Michael Dembrow · Cosponsor
- Chuck Riley · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 9 co-sponsors · 77 not signed on · 8 voted No
Sponsors (4)
- Floyd Prozanski Democrat
- Janeen Sollman Democrat
- Duane Stark
- Chuck Riley
Co-sponsors (9)
- Chris Gorsek Democrat
- Lew Frederick Democrat
- Zach Hudson
- Kate Lieber Democrat
- Maxine Dexter
- Lily Morgan
- Marty Wilde
- Bill Kennemer
- Michael Dembrow
Not signed on (77)
77 members have not signed on to this bill.
Show all 77 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 20 | 0 | 0 | 1 |
| Unaffiliated | 24 | 0 | 0 | 0 |
| Republican | 13 | 1 | 0 | 0 |
| Total | 57 | 1 | 0 | 1 |
| % of votes cast | 97% | 2% | 0% | 2% |
How each member voted (59)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 2 | 0 | 0 |
| Democrat | 10 | 0 | 0 | 1 |
| Republican | 1 | 3 | 0 | 0 |
| Total | 24 | 5 | 0 | 1 |
| % of votes cast | 80% | 17% | 0% | 3% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Betsy Johnson | — | Yea |
| Bill Hansell | — | Yea |
| Bill Kennemer | — | Yea |
| Brian Boquist | — | Nay |
| Chuck Riley | — | Yea |
| Chuck Thomsen | — | Yea |
| Dallas Heard | — | Nay |
| Dennis Linthicum | — | Yea |
| Elizabeth Steiner Hayward | — | Yea |
| Ginny Burdick | — | Yea |
| Lee Beyer | — | Yea |
| Lynn Findley | — | Yea |
| Michael Dembrow | — | Yea |
| Peter Courtney | — | Yea |
| Tim Knopp | — | Yea |
| Chris Gorsek | Democrat | Yea |
| Deb Patterson | Democrat | Yea |
| Floyd Prozanski | Democrat | Yea |
| James Manning Jr. | Democrat | Not Voting |
| Jeff Golden | Democrat | Yea |
| Kate Lieber | Democrat | Yea |
| Kathleen Taylor | Democrat | Yea |
| Kayse Jama | Democrat | Yea |
| Lew Frederick | Democrat | Yea |
| Rob Wagner | Democrat | Yea |
| Sara Gelser Blouin | Democrat | Yea |
| Dick Anderson | Republican | Yea |
| Fred Girod | Republican | Nay |
| Kim Thatcher | Republican | Nay |
| Noah Robinson | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 2 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Democrat | 22 | 0 | 0 | 0 |
| Total | 44 | 2 | 0 | 0 |
| % of votes cast | 96% | 4% | 0% | 0% |
How each member voted (46)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 1 | 0 | 1 |
| Democrat | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 4 | 2 | 0 | 1 |
| % of votes cast | 57% | 29% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Dallas Heard | — | Not Voting |
| Dennis Linthicum | — | Nay |
| Michael Dembrow | — | Yea |
| Floyd Prozanski | Democrat | Yea |
| James Manning Jr. | Democrat | Yea |
| Sara Gelser Blouin | Democrat | Yea |
| Kim Thatcher | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 397 do?
- Modifies <i>procedure for filing motion</i>]<b> procedures for motions</b> to set aside conviction, arrest, citation<b>,</b> <i>or</i>] charge<b>, finding of contempt of court or judgment of guilty except for insanity</b>. Eliminates <i>fees, fingerprinting and background check</i>]<b> filing fee and requires person to provide fingerprint card and criminal record check fee, if required, directly to Department of State Police</b>. Reduces waiting period for filing motion if person was revoked from probation <i>, is seeking to set aside Class B felony or was convicted of other offense</i>]<b> or state elects not to proceed with prosecution</b>. <b>Modifies waiting periods for filing of motion for conviction or guilty except for insanity judgment based upon offense classification. Aligns time period prior to filing of motion, during which person may not have any other convictions other than motor vehicle violations, to waiting period. Authorizes prosecuting attorney to object to motion to set aside conviction or guilty except for insanity judgment within 120 days of motion.</b> Provides that court shall grant motion to set aside arrest, citation or charge, or motion to set aside conviction if no objection received. Modifies standard for granting motion over objection. <b>Prohibits prosecuting attorney from conditioning plea offer on defendant's waiver of ability to set aside conviction. Prohibits prosecuting attorney from conditioning agreement not to object to entry of guilty except for insanity judgment on defendant's waiver of ability to set aside judgment. Prohibits criminal history data provider from including in criminal history report information that fails to reflect material changes to criminal history occurring more than 60 days before date of report. Provides that violation of prohibition constitutes unlawful trade practice.</b>
- Who sponsors SB 397?
- SB 397 is sponsored by Floyd Prozanski (Democrat), Chris Gorsek (Democrat), Lew Frederick (Democrat), Janeen Sollman (Democrat), Zach Hudson, Kate Lieber (Democrat), Maxine Dexter, Lily Morgan, Marty Wilde, Duane Stark, Bill Kennemer, Michael Dembrow, and Chuck Riley.
- What is the current status of SB 397?
- This bill has been enacted into law. Introduced January 11, 2021. Enacted.
- Where can I track SB 397?
- Track SB 397 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 397
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 397
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →