OAR 413-350-0100
Purpose
(1)
Any juvenile court may order record expunction for any ward or former ward per ORS 419A.260 (Expunction) through 419A.262 (Expunction proceeding). This rule describes Department of Human Services, Child Welfare, (Department) processes for handling these orders.(2)
Department files, manual and electronic, are modified so that an inquiry, subsequent to the expunction order, will result in the reply “No record of contacts.” “Contacts” has a specific legal definition for purposes of expunction (see ORS 419A.260 (Expunction)(1)).(3)
The Department complies with expunction orders by sealing or marking “expunged” on the records, not by destroying them. The intent of the expunction is not to erase all traces of the Department’s relationship to the individual, but rather to prevent subsequent dissemination of expunged information to third parties.(4)
ORS 419A.260 (Expunction) defines “records” and “exceptions.” Information held at the Department that is not expunged includes: material related to federal financial participation, records related to support obligations, medical records, remand orders, materials on termination of parental right, and Oregon Court of Appeals and Supreme Court records.(5)
The Department’s record is not expunged when the reason for the wardship was commission of child abuse, as defined by ORS 419B.005 (Definitions), that would constitute one of the offenses listed in 419A.260 (Expunction) if committed by an adult.
Source:
Rule 413-350-0100 — Purpose, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-350-0100.