ORS 419A.261
Application for expunction of records relating to contact, violations and certain misdemeanors
- eligibility
- denial
- judgment
(1)
An expunction proceeding under this section shall be commenced in the county where the subject person resided at the time of the most recent contact.(2)
Intentionally left blank —Ed.(a)
A juvenile department shall file with the juvenile court an application for expunction of the records of a person the juvenile department determines meets the criteria under paragraph (b) of this subsection within 90 days following the later of:(A)
The date that the person attains 18 years of age; or(B)
If the subject person was 18 years of age or older on January 2, 2022, the date that the juvenile department receives a request to file the application for expunction from the subject person.(b)
Upon application of either a person who is the subject of a record or a juvenile department, the juvenile court shall issue a judgment granting expunction, without a hearing, if:(A)
The subject person had contact with the juvenile department;(B)
The subject person has never been found to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction);(C)
There is no petition pending alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005 (Jurisdiction);(D)
The subject person has not been waived to criminal court pursuant to a hearing under ORS 419C.349 (Grounds for waiving youth to adult court) or 419C.352 (Grounds for waiving youth under 15 years of age);(E)
The subject person does not have an open referral for a case by informal means; and(F)
The subject person has not had contact with the juvenile department resulting in a conviction under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court).(3)
Intentionally left blank —Ed.(a)
A juvenile department shall file with the juvenile court an application for expunction of the records of a person the juvenile department determines meets the criteria under paragraph (b) of this subsection within 90 days following the later of:(A)
The date that the person attains 18 years of age;(B)
The date of the person’s termination if the person was within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) on their 18th birthday; or(C)
If the subject person was 18 years of age or older on the operative date of this section, the date the juvenile department receives a request to file the application for expunction from the subject person.(b)
Upon application of either a person who is the subject of a record or a juvenile department, the juvenile court shall issue a judgment granting expunction, without a hearing, if:(A)
The subject person had contact with the juvenile department that resulted in the subject person being found to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) for acts that, if committed by an adult, would constitute one or more violations or misdemeanors;(B)
The subject person has not been found to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) for an act that, if committed by an adult, would constitute a felony;(C)
There is no petition pending alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005 (Jurisdiction);(D)
The subject person does not owe restitution;(E)
The subject person has not had contact with the juvenile department resulting in a conviction under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court); and(F)
The subject person has not been waived to criminal court pursuant to a hearing under ORS 419C.349 (Grounds for waiving youth to adult court) or 419C.352 (Grounds for waiving youth under 15 years of age).(4)
If the juvenile court denies the application for expunction under this section:(a)
The court must specify in the judgment denying the application for expunction the reason for the denial;(b)
The juvenile department or the subject person may file a new application for expunction under this subsection; and(c)
If the juvenile department submitted the application that was denied, the juvenile department shall make reasonable efforts to send to the subject person the following:(A)
Notice of the court’s decision and a copy of the judgment denying the application for expunction; and(B)
Notice of the person’s right to an attorney, right to file a new application for expunction under this subsection and right to request expunction under ORS 419A.262 (Application for expunction of records relating to certain misdemeanors, prostitution and certain sex crimes).(5)
Intentionally left blank —Ed.(a)
When an expunction proceeding under this section is commenced by application of the person whose records are to be expunged, the person shall set forth as part of the application the names of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that the person has reason to believe possess an expungible record of the person. The juvenile department shall provide the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records.(b)
When an expunction proceeding under this section is commenced by application of the juvenile department, the application shall set forth the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records and those provided by the subject person.(6)
Intentionally left blank —Ed.(a)
The juvenile court or juvenile department shall send a copy of an expunction judgment entered under this section to each agency subject to the judgment. Attached to the expunction judgment must be information, to remain confidential, regarding the record to be expunged and the date of the record.(b)
Upon receipt of a copy of the judgment, the agency shall comply and, within 60 days following the date of receipt, return the copy to the juvenile court or the juvenile department with an indorsement indicating compliance.(c)
The juvenile department may, upon an agency’s written request, provide the agency with an extension of time to comply with paragraph (b) of this subsection. The duration of the extension may not exceed the later of 30 days or, if an audit or grievance under the Interstate Compact for Juveniles relating to the subject person’s records is pending, the date the audit or grievance is concluded. If the juvenile department grants an extension under this paragraph, the juvenile department shall notify the juvenile court of the extension.(7)
When all agencies subject to an expunction judgment have indicated their compliance or in any event no later than the later of 90 days following the date the judgment was delivered as required by subsection (6) of this section or, if the juvenile department granted an extension of time under subsection (6)(c) of this section, 90 days following the expiration of the extension of time, the juvenile court shall provide the person who is the subject of the record with a copy of the expunction judgment, a list of complying and noncomplying agencies, and a written notice of rights and effects of expunction. The juvenile court and juvenile department then shall expunge forthwith all records which they possess and which are subject to the judgment, except the original expunction judgment and the list of complying and noncomplying agencies which must be preserved under seal.(8)
In addition to those agencies identified in ORS 419A.260 (Expunction) (1)(d), the juvenile, circuit, municipal and justice courts, and the district and city attorneys of this state, are bound by an expunction judgment of any juvenile court of appropriate jurisdiction in this state issuing an expunction judgment. [2023 c.182 §2]
Source:
Section 419A.261 — Application for expunction of records relating to contact, violations and certain misdemeanors; eligibility; denial; judgment, https://www.oregonlegislature.gov/bills_laws/ors/ors419A.html (accessed May 26, 2025).