State v. Willis

A person with a qualifying marijuana conviction may apply to the court in which the judgment of conviction was entered for entry of an order setting aside the conviction as provided in this section. “Qualifying marijuana conviction” means a conviction for a marijuana offense: For which the person has completed and fully complied with or performed the sentence of the court. ORS 475C.397(7)(b).

Appellant appealed the denial of his motion to vacate his marijuana conviction under ORS 475C.397. He argued that he had a right to counsel under the state constitution and asserted that Post-Prison Supervision (PPS) should not be considered part of “the sentence of the court” as defined by ORS 475C.397(7)(b)(C). “A person with a qualifying marijuana conviction may apply to the court in which the judgment of conviction was entered for entry of an order setting aside the conviction as provided in this section. “Qualifying marijuana conviction” means a conviction for a marijuana offense: For which the person has completed and fully complied with or performed the sentence of the court.” ORS 475C.397(7)(b). The Court found that the trial court did not err in denying Appellant’s request for appointed legal counsel. The Court found that the motion to vacate the conviction did not constitute a criminal prosecution, and reasoned that he was not entitled to court-appointed representation at a contested hearing under Article I, Section 11. Additionally, the Court found that the term "sentence of the court" includes PPS, which must be fulfilled before an individual is eligible for a conviction to be set aside. The Court held that Appellant must complete his PPS requirements to qualify and affirmed the trial court’s judgment.