ORS 161.715 Standards for discharge of defendant

Any court empowered to suspend imposition or execution of sentence or to sentence a defendant to probation may discharge the defendant if:

The conviction is for an offense other than murder, treason or a Class A or B felony; and

The court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release.

If a sentence of discharge is imposed for a felony, the court shall set forth in the record the reasons for its action.

If the court imposes a sentence of discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probationary supervision or conditions. The judgment entered by the court shall include a monetary obligation payable to the state in an amount equal to the minimum fine for the offense established by ORS 137.286.

If a defendant pleads not guilty and is tried and found guilty, a sentence of discharge is a judgment on a conviction for all purposes, including an appeal by the defendant.

If a defendant pleads guilty, a sentence of discharge is not appealable, but for all other purposes is a judgment on a conviction.