(1) A criminal history data provider is prohibited from including criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record of a person’s criminal history occurring more than 60 days before the date the criminal history report is delivered.
(2) As used in this section, “material changes” include, but are not limited to:
(a) The setting aside of a conviction arrest, record of acquittal or dismissal, or the issuance of a criminal citation or criminal charge, if no accusatory instrument is filed;
(b) The reduction of an offense to a lower level of offense; and
(c) The vacating of a conviction.
(3) A violation of subsection (1) of this section constitutes an unlawful trade practice under ORS 646.607.