(1) A person shall comply with subsection (2) of this section if the person:

Terms Used In Oregon Statutes 646A.806

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) Operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies pursuant to ORS 181A.160 or otherwise as part of routinely documenting an arrest; and

(b) Charges a fee for the removal from the website of a photograph referred to in paragraph (a) of this subsection and the name and personal information of the individual associated with the photograph.

(2) A person described in subsection (1) of this section shall remove the photograph and related name and personal information from all websites owned or controlled by the person without charging a fee within 30 days of the date of a request to remove the photograph if the request:

(a) Is made in writing; and

(b) Contains written documentation that all charges stemming from the arrest for which the photograph was made:

(A) Were resolved through acquittal or otherwise without a conviction;

(B) Were reduced to violations; or

(C) Following conviction, were expunged or set aside pursuant to court order.

(3) For purposes of this section, paper or electronic copies of official court records or law enforcement records constitute written documentation.

(4) A person who violates subsection (2) of this section commits an unlawful practice under ORS 646.608. [2013 c.330 § 1]