Arrest Reports and Laws

Conditional discharge.


(1) Whenever any person pleads guilty to or is found guilty of an offense listed in subsection (5) of this section, the court, without entering a judgment of guilt and with the consent of the district attorney and the person, may defer further proceedings and place the person on probation.
(2) Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided.
(3) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section with respect to any person.
(4) In the event that the period of probation under this section expires, but the terms and conditions of probation have not been fulfilled and no probation violation proceeding was initiated prior to the expiration of the period of probation, the court may not discharge the person and dismiss the proceedings against the person. The court shall instead issue an order requiring the person to appear and to show cause why the court should not enter an adjudication of guilt as described in subsection (2) of this section due to the failure of the person to fulfill the terms and conditions of probation prior to expiration of the period of probation. At the hearing on the order to show cause, after considering any evidence or argument from the district attorney and the person, the court may:
(a) Order a new period of probation to allow the person to fulfill the terms and conditions of the previous period of probation; or
(b) Enter an adjudication of guilt as described in subsection (2) of this section.
(5) This section applies to the following offenses:
(a) Possession of a controlled substance under ORS 475.752 (3), 475.814, 475.824, 475.834, 475.854, 475.864, 475.874, 475.884 or 475.894;
(b) Unlawfully possessing a prescription drug under ORS 689.527 (6);
(c) Endangering the welfare of a minor under ORS 163.575 (1)(b);
(d) Frequenting a place where controlled substances are used under ORS 167.222; and
(e) A property offense that is motivated by a dependence on a controlled substance. [1977 c.745 §21; 1995 c.440 §30; 1999 c.799 §1; 2001 c.834 §§6,10; 2005 c.706 §26; 2005 c.708 §§56,57; 2011 c.524 §2; 2013 c.75 §1; 2015 c.125 §1]