Wrongfully convicted people can seek compensation and new court relief

A person who meets the listed requirements may ask an Oregon court for compensation for a wrongful conviction. The person must have been convicted of a felony, imprisoned, and later had the conviction overturned with charges dismissed, been found not guilty at retrial, or received a governor’s pardon. The person must prove that they did not commit the crime and did not cause the conviction through perjury, fabricated evidence or other personal conduct. A court must decide the claim under the civil evidence rules and may award set damages, attorney fees, repayment of certain amounts paid, and access to existing support programs. The court must issue a certificate of innocence and order the related conviction and arrest records set aside and sealed if it enters a favorable judgment. A petition must be filed within two years after the later dismissal or retrial acquittal, or within two years after a pardon; these amendments apply to pending petitions without a final judgment.

The Attorney General must review a compensation petition and decide whether the evidence meets the legal requirements. The review covers petitions filed under the wrongful-conviction compensation law and must consider evidence from the petitioner, the district attorney and newly presented evidence. The Attorney General must make a written determination within 180 days after receiving the petition and the required case records and evidence. If the Attorney General finds that the requirements are met, the office may not oppose the petition or the related compensation and innocence judgment. The Attorney General must report yearly to a legislative committee about these determinations and related attorney fees. This review process applies to petitions filed on or after the act’s effective date.

A person may ask a court to reopen a conviction tied to certain discredited forensic methods and must receive relief if the required proof is shown. The petition covers convictions based substantially on hair microscopy, bite mark analysis or comparison, or comparative bullet lead analysis. The person must prove that the forensic evidence mattered to the conviction and, for a trial conviction, that excluding it creates a reasonable chance of a different result. For a guilty or no-contest plea, the person must prove that they knew about the evidence and that it materially influenced the plea. A petition may be filed even if the person did not object, pleaded guilty or no contest, confessed, or completed the sentence. The law does not cover convictions based on objective, validated computational methods that replaced subjective visual comparisons. The provision applies to convictions with direct appeals still pending on the effective date and to completed appeals if a petition is filed within two years after that date; it is repealed on January 2, 2031, but timely pending petitions continue.