ORS 419A.267
Notice of expunction
- forms
(1)
A juvenile department shall issue a notice of expunction of a subject person’s records if the subject person:(a)
Has had contact with the juvenile department;(b)
Has never been the subject of a petition alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005 (Jurisdiction);(c)
Has never been found to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction);(d)
Does not have an open referral for a case by informal means; and(e)
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).(2)
The juvenile department shall issue the notice described in subsection (1) of this section within 90 days following the later of:(a)
The date the subject 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 the juvenile department receives a request for expunction from the subject person.(3)
The juvenile department shall send the notice described in subsection (1) of this section to each agency that the juvenile department determines, after a reasonable search of the juvenile department’s files, may be in possession of records relating to the subject person. The notice must notify the recipient agency that the agency has 60 days from the date of receipt to expunge the subject person’s records.(4)
Intentionally left blank —Ed.(a)
Upon receipt of a notice of expunction, an agency shall comply and, within 60 days of the date of receipt, return a copy of the notice to the juvenile department with an indorsement indicating compliance.(b)
The juvenile department may, upon an agency’s written request, provide the agency with an extension of time to comply with paragraph (a) 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.(c)
If an agency fails to comply with the requirements of paragraph (a) of this subsection, the juvenile department shall petition the juvenile court in the county in which the juvenile department is located for an order compelling the agency to comply.(5)
When all agencies subject to the notice of expunction have indicated their compliance or in any event no later than the later of 90 days following the date the notice was delivered as required by subsection (3) of this section or, if the juvenile department granted an extension of time under subsection (4) of this section, 90 days following the expiration of the extension of time, the juvenile department shall provide the subject person with a copy of the notice of expunction, a list of complying and noncomplying agencies, and a written notice of rights and effects of expunction. The juvenile department then shall expunge forthwith all records in its possession that are subject to the notice of expunction, except the juvenile department shall retain a record of the expunction processes under this section and keep the record confidential.(6)
The Oregon Youth Authority, in consultation with county juvenile departments, shall develop statewide model forms to implement the provisions of this section. [2021 c.585 §2]
Source:
Section 419A.267 — Notice of expunction; forms, https://www.oregonlegislature.gov/bills_laws/ors/ors419A.html.
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