ORS 419A.260
Expunction
- definitions
Mentioned in
Discrimination at Work
Oregon Bureau of Labor & Industries, August 7, 2023
“Oregon laws protect you from being discriminated against at work. That means you can’t be fired or demoted, paid less, or otherwise treated differently because of certain characteristics about you.”
Bibliographic info
(1)
As used in ORS 419A.260 (Expunction) to 419A.271 (Appointment of counsel):(a)
“Contact” means any instance in which a person’s act or behavior, or alleged act or behavior, which could result in a referral to a juvenile department or a juvenile court’s assumption of jurisdiction under ORS 419B.100 (Jurisdiction) (1)(a) to (c) and (f) or 419C.005 (Jurisdiction) comes to the attention of an agency specified in paragraph (d) of this subsection.(b)
“Expunction” means:(A)
The removal by destruction of a judgment or order related to a contact and all records and references associated with a subject person;(B)
The removal by sealing of a judgment or order related to a contact and all records and references associated with a subject person;(C)
The removal by redaction of a subject person’s name and all personal identifiers and all references to the subject person within a record; or(D)
If a record is kept by the Department of Human Services the department’s affixing to the front of the file containing the record a stamp or statement identifying the name of the individual, the date of expunction and instruction that no further reference may be made to the record that is subject to the expunction notice or order.(c)
“Person” includes a person under 18 years of age.(d)
“Record” includes a fingerprint or photograph file, report, exhibit or other material which contains information relating to a person’s contact with any law enforcement agency, juvenile court or juvenile department, the Psychiatric Security Review Board, the Department of Human Services, the Oregon Youth Authority or the Oregon Health Authority and is kept manually, through the use of electronic data processing equipment, or by any other means by a law enforcement or public investigative agency, a juvenile court or juvenile department or an agency of the State of Oregon. “Record” does not include:(A)
A transcript of a student’s Youth Corrections Education Program academic record;(B)
Material on file with a public agency which is necessary for obtaining federal financial participation regarding financial assistance or services on behalf of a person who has had a contact;(C)
Records kept or disseminated by the Department of Transportation, State Marine Board and State Fish and Wildlife Commission pursuant to juvenile or adult order or recommendation;(D)
Police and court records related to an order of waiver where the matter is still pending in the adult court or on appeal therefrom, or to any disposition as an adult pursuant to such order;(E)
Records related to a support obligation;(F)
Medical records other than those related to a finding of responsible except for insanity under ORS 419C.411 (Disposition order);(G)
Records of a proposed or adjudicated termination of parental rights and adoptions;(H)
Any law enforcement record of a person who currently does not qualify for expunction or of current investigations or cases waived to the adult court;(I)
Records and case reports of the Oregon Supreme Court and the Oregon Court of Appeals;(J)
Any records in cases under ORS 419C.005 (Jurisdiction) in which a juvenile court found a person to be within the jurisdiction of the court based upon the person’s commission of an act which if done by an adult would constitute one of the following offenses:(i)
Aggravated murder under ORS 163.095 (“Aggravated murder” defined);(ii)
Murder in any degree under ORS 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree);(iii)
Attempt, solicitation or conspiracy to commit murder in any degree or aggravated murder;(iv)
Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree);(v)
Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree);(vi)
Criminally negligent homicide under ORS 163.145 (Criminally negligent homicide);(vii)
Assault in the first degree under ORS 163.185 (Assault in the first degree);(viii)
Criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree);(ix)
Kidnapping in the first degree under ORS 163.235 (Kidnapping in the first degree);(x)
Rape in the third degree under ORS 163.355 (Rape in the third degree);(xi)
Rape in the second degree under ORS 163.365 (Rape in the second degree);(xii)
Rape in the first degree under ORS 163.375 (Rape in the first degree);(xiii)
Sodomy in the third degree under ORS 163.385 (Sodomy in the third degree);(xiv)
Sodomy in the second degree under ORS 163.395 (Sodomy in the second degree);(xv)
Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree);(xvi)
Unlawful sexual penetration in the second degree under ORS 163.408 (Unlawful sexual penetration in the second degree);(xvii)
Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree);(xviii)
Sexual abuse in the third degree under ORS 163.415 (Sexual abuse in the third degree);(xix)
Sexual abuse in the second degree under ORS 163.425 (Sexual abuse in the second degree);(xx)
Sexual abuse in the first degree under ORS 163.427 (Sexual abuse in the first degree);(xxi)
Promoting prostitution under ORS 167.012 (Promoting prostitution);(xxii)
Compelling prostitution under ORS 167.017 (Compelling prostitution);(xxiii)
Aggravated driving while suspended or revoked under ORS 163.196 (Aggravated driving while suspended or revoked);(xxiv)
Aggravated vehicular homicide under ORS 163.149 (Aggravated vehicular homicide); or(xxv)
An attempt to commit a crime listed in this subparagraph other than manslaughter in the second degree and criminally negligent homicide;(K)
Blood samples, buccal samples and other physical evidence and identification information obtained, stored or maintained by the Department of State Police under authority of ORS 137.076 (Blood or buccal sample and thumbprint of certain convicted defendants required), 181A.155 (Authority over blood and buccal samples and analyses) or 419C.473 (Authority to order blood or buccal samples);(L)
Records maintained in the Law Enforcement Data System under ORS 163A.035 (Registration forms); or(M)
Records of a law enforcement agency or public investigative agency concerning an open or otherwise unresolved investigation.(e)
“Termination” means:(A)
For a person who is the subject of a record kept by a juvenile court or juvenile department, the final disposition of a case by informal means, by a decision not to place the person on probation or make the person a ward of the court after the person has been found to be within the court’s jurisdiction or by a discontinuance of probation, of the court’s wardship or of the jurisdiction of the Psychiatric Security Review Board, the Oregon Health Authority or the Department of Human Services.(B)
For a person who is the subject of a record kept by a law enforcement or public investigative agency, a juvenile court or juvenile department or an agency of the State of Oregon, the final disposition of the person’s most recent contact with a law enforcement agency.(2)
The juvenile court or juvenile department shall make reasonable effort to provide written notice to a child who is within the court’s jurisdiction under ORS 419B.100 (Jurisdiction) (1)(a) to (c) and (f) or to a youth who is within the court’s jurisdiction under ORS 419C.005 (Jurisdiction), and to the child’s or youth’s parent, of the procedures for expunction of a record, the right to and procedure to access counsel under this chapter, the legal effect of an expunction order and the procedures for seeking relief from the duty to report as a sex offender provided under ORS 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon), at the following times:(a)
At any dispositional hearing or at the time of entering into a formal accountability agreement;(b)
At the time of termination;(c)
Upon notice to the subject of an expunction pending pursuant to application of a juvenile department or motion on a juvenile court; and(d)
At the time of notice of execution of an expunction order. [1993 c.33 §50; 1993 c.546 §93; 1993 c.602 §2; 1995 c.422 §69; 1999 c.97 §4; 1999 c.111 §1; 1999 c.626 §17; amendments by 1999 c.626 §40 repealed by 2001 c.884 §1; 2001 c.884 §§3b,3d; 2007 c.867 §8; 2009 c.783 §7; 2013 c.708 §27; 2015 c.320 §2; 2019 c.635 §22; 2021 c.585 §5]
Source:
Section 419A.260 — Expunction; definitions, https://www.oregonlegislature.gov/bills_laws/ors/ors419A.html.
Notes of Decisions
ORS 419C.610 allows court to set aside order finding youth within jurisdiction of court notwithstanding that underlying conduct is type for which this section prohibits expungement of record. State ex rel Juvenile Dept. v. Tyree, 177 Or App 187, 33 P3d 729 (2001)
Youth previously found to be within jurisdiction of court for conduct constituting one of specified offenses, whose jurisdictional judgment was set aside, is not eligible for expunction of records. State v. P. T., 295 Or App 205, 433 P3d 778 (2018), Sup Ct review denied
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