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:

Terms Used In Oregon Statutes 138.698

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:

(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. [2005 c.759 § 3; 2019 c.368 § 10]

 

See note under 138.688.

 

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