ORS 419A.269
Effect of expunction
- confidentiality violations
- penalties
(1)
Upon issuance of a notice of expunction under ORS 419A.267 (Notice of expunction) or entry of an expunction judgment under ORS 419A.262 (Expunction proceeding), the contact that is the subject of the expunged record may not be disclosed by any agency. An agency that is subject to a notice of expunction or an expunction judgment shall respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists.(2)
A person who is the subject of a record that has been expunged under ORS 419A.262 (Expunction proceeding) or 419A.267 (Notice of expunction) may assert that the record never existed and that the contact that was the subject of the record never occurred without incurring a penalty for perjury or false swearing under the laws of this state.(3)
Upon the juvenile department’s expunction of a subject person’s records under ORS 419A.262 (Expunction proceeding) or 419A.267 (Notice of expunction), the juvenile department may destroy any records in the juvenile department’s possession relating to the subject person’s contact under ORS 419B.100 (Jurisdiction) if the records are duplicate copies of records maintained by the Department of Human Services. The destruction of records related to the subject person’s contact under ORS 419B.100 (Jurisdiction) pursuant to this subsection does not constitute expunction.(4)
Juvenile courts, by court rule or by order related to a particular matter, may direct that records concerning a subject person be destroyed. No records may be destroyed until at least three years have elapsed after the date of the subject’s most recent termination. In the event the record has been expunged, the expunction judgment and list of complying and noncomplying agencies may not be destroyed, but shall be preserved under seal. The destruction of records under this subsection does not constitute expunction.(5)
A notice of expunction or an expunction judgment and the list of complying and noncomplying agencies shall be disclosed only on order of the court that would have had jurisdiction to compel compliance with the notice of expunction or that originated the expunction judgment, based on a finding that review of a particular case furthers compliance with the expunction provisions of ORS 419A.260 (Expunction) to 419A.271 (Appointment of counsel).(6)
A person who, in the person’s official capacity with a juvenile department, sends a notice of expunction for an ineligible individual or fails to send a notice of expunction for an eligible individual under ORS 419A.267 (Notice of expunction) has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure or failing to make the disclosure, except when the person who sends the notice has knowledge that the individual is ineligible or when the person who fails to send the notice has knowledge that the individual is eligible.(7)
A person subject to a notice of expunction or expunction judgment has a right of action against any person who intentionally violates the confidentiality provisions of this section. In the proceeding, punitive damages up to an amount of $1,000 may be sought in addition to any actual damages. The prevailing party shall be entitled to costs and reasonable attorney fees.(8)
Intentional violation of the confidentiality provisions of this section by a public employee is cause for dismissal.(9)
A person who releases all or part of an expunged record commits a Class A violation. [2021 c.585 §3]
Source:
Section 419A.269 — Effect of expunction; confidentiality violations; penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors419A.html.
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