2021 Oregon Revised Statutes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.698 - Effect of setting aside conviction on plea agreement.


(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]
Note: See note under 138.688.

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Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 138 - Appeals; Post-Conviction Relief

Section 138.005 - Definitions for ORS 138.010 to 138.310.

Section 138.035 - Appeal by defendant.

Section 138.045 - Appeal by state.

Section 138.052 - Appeal from judgment of conviction and sentence of death; direct review by Supreme Court.

Section 138.057 - Appeal from judgment involving violation.

Section 138.071 - Time within which appeal must be taken.

Section 138.081 - Service and filing of notice of appeal.

Section 138.085 - Content requirements for certain notices of appeal.

Section 138.105 - Appeal by defendant.

Section 138.115 - Appeal by state.

Section 138.227 - Joint motion to vacate and remand.

Section 138.255 - Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review.

Section 138.257 - Determination on appeal.

Section 138.261 - Time within which certain appeals must be decided.

Section 138.285 - Order staying execution of sentence.

Section 138.500 - Appointment of counsel and furnishing of transcript for appellant without funds; compensation.

Section 138.504 - Waiver of counsel; appointment of legal advisor.

Section 138.510 - Persons who may file petition for relief; time limit.

Section 138.525 - Dismissal of meritless petition.

Section 138.527 - Frivolous petition or response; attorney fees.

Section 138.530 - When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected.

Section 138.540 - Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies.

Section 138.550 - Availability of relief as affected by prior judicial proceedings.

Section 138.560 - Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings.

Section 138.585 - Access to confidential jury records.

Section 138.590 - Petitioner may proceed as a financially eligible person.

Section 138.615 - Disclosure of witness information.

Section 138.620 - Hearing.

Section 138.625 - Victim testimony; contact with victim.

Section 138.627 - Victim’s rights.

Section 138.640 - Judgment; enforcement.

Section 138.650 - Appeal.

Section 138.665 - Remand for reconsideration of judgment or order; appeal.

Section 138.686 - Automatic stay of sentence of death for federal appeal and state post-conviction relief.

Section 138.688 - Definitions.

Section 138.690 - Commencement of DNA testing proceedings; discovery.

Section 138.692 - Motion for DNA testing; declaration; court order; costs.

Section 138.694 - Appointed counsel.

Section 138.696 - Test results; motion for new trial.

Section 138.697 - Appeal of court order.

Section 138.698 - Effect of setting aside conviction on plea agreement.

Section 138.700 - Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order.