Oregon § 138.698 Effect of setting aside conviction on plea agreement

Oregon Statutes

§ 138.698 — Effect of setting aside conviction on plea agreement

Oregon § 138.698

Vol.4

Title 14Procedure in Criminal Matters Generally

Ch. 138Appeals; Post-Conviction Relief

This text of Oregon § 138.698 (Effect of setting aside conviction on plea agreement) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 138.698 (2026).

Text

When a conviction has been set aside as the result of evidence obtained through DNA testing conducted under ORS 138.692, the prosecution of any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside may be commenced within the later of:

(1)The period of limitation established for the offense under ORS 131.125 to 131.155; or

(2)Notwithstanding ORS 131.125 and 131.155, two years after the date the conviction was set aside.

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When a conviction has been set aside as the result of evidence obtained through DNA testing conducted under ORS 138.692, the prosecution of any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside may be commenced within the later of:
(1) The period of limitation established for the offense under ORS 131.125 to 131.155; or
(2) Notwithstanding ORS 131.125 and 131.155, two years after the date the conviction was set aside.