Expunction

ORS 419A.260 through 419A.265 provides for the removal and destruction of many police and Juvenile Court records and a written explanation of your rights. You may be eligible to have your juvenile record expunged if:

A. You were NEVER found within the jurisdiction of the juvenile court, and you meet ALL FIVE of these conditions:

1. You are at least 18 years old.

2. There is no pending petition in juvenile court that alleges criminal conduct.

3. You were not waived to criminal court. (ORS 419C.349 or ORS 419C.352)

4. You do not have an open referral for a case by informal means.

5. You did not have contact with the juvenile department resulting in a conviction under ORS 137.707.

B. You were previously under the jurisdiction of the juvenile court, for a crime involving possession, delivery, or manufacturing of marijuana, and you meet ALL THREE of these conditions:

1. At least one year has passed since your most recent termination.

2. You have not been adjudicated for any other offense.

3. You complied with and performed all conditions of the adjudication.

C. You were previously under the jurisdiction of the juvenile court for a misdemeanor or violation, but now you meet ALL SIX of these conditions:

1. You are at least 18 years old.

2. You were never under the jurisdiction of the court for a felony.

3. There is no pending petition in juvenile court that alleges criminal conduct.

4. You did not have contact with the juvenile department resulting in a conviction under ORS 137.707.

5. You were not waived to criminal court. (ORS 419C.349 or ORS 419C.352)

6. You do not owe restitution.

D. You were previously under the jurisdiction of the juvenile court, but now you meet ALL SIX of these conditions:

1. At least four years have passed since your most recent termination.

2. Since termination, you have not been convicted of a felony or a Class A misdemeanor.

3. You are not the subject of a pending proceeding in juvenile or criminal court.

4. You are not currently within the jurisdiction of any juvenile court.

5. You are not the subject of a pending police criminal investigation.

6. You do not owe restitution.

This record destruction includes files in any agency known to have such information. Upon entry of an Expunction Order, the contact which is the subject of the expunction order shall respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists. You are entitled to have a copy of the Expunction Order and a list of agencies which have complied with the Order. You have the right of action against any person who intentionally violates the confidentiality of the Act, giving you the right to punitive damages up to an amount of $1000.00 in addition to actually damages, costs, and attorney fees.

A person who is the subject of a record which has been expunged under ORS 419A.260 to 419A.265 may assert that the record never existed and that the contact, which was the subject of the record, never occurred without incurring a penalty of false swearing under the laws of this State.

Please contact our department if you wish to have more information, or if you would like to initiate the formal court expungement proceeding. 

*If you were under the jurisdiction of the juvenile court on any of the following charges, by law your record cannot be expunged: Aggravated Murder; Murder; Attempt, Solicitation, or Conspiracy to Commit Murder or Aggravated Murder; Manslaughter I; Manslaughter II; Criminally Negligent Homicide; Assault I; Criminal Mistreatment I; Kidnapping I; Rape III; Rape II; Rape I; Sodomy III; Sodomy II; Sodomy I; Unlawful Sexual Penetration II; Sexual Abuse III; Sexual Abuse II; Sexual Abuse I; Promoting Prostitution; Compelling Prostitution; and an attempt to commit any of the above-listed crimes other than Manslaughter II and Criminal Negligent Homicide.

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