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.

419A.004
Definitions
419A.010
Appointment of counselors and director
419A.012
Duties of director or counselor
419A.014
Reports by juvenile department
419A.015
Reports to school administrators concerning adjudicated youths on probation
419A.016
Powers of director or counselor
419A.018
Juvenile department is county agency
419A.020
County responsibility for expenses of juvenile department
419A.022
Responsibility of counties over 400,000 population
419A.045
Policy and purpose
419A.046
Definition for ORS 419A.046 and 419A.048
419A.048
Court to comply with fiscal reporting procedures
419A.050
Authority to acquire, equip and maintain detention and shelter facilities
419A.052
Specifications of facilities
419A.055
Examination of facilities
419A.057
Payment of maintenance expenses
419A.059
Designation of detention and shelter facilities
419A.061
Inspection of detention facilities
419A.063
Requirements for detention facilities
419A.090
Local citizen review boards
419A.092
Membership
419A.094
Additional boards
419A.096
Duties of Judicial Department in administering boards
419A.098
Rules
419A.100
Confidentiality of information
419A.102
Access to confidential information by boards
419A.104
Report on children and wards in substitute care
419A.106
Review of cases generally
419A.107
Review of cases of adjudicated youths
419A.108
Procedure for conflicts of interest
419A.109
Review of cases of wards for whom guardian has been appointed
419A.110
Immunity of participants in case review
419A.112
Disclosure of information to participants in case review
419A.114
When presence of agency personnel at board hearings required
419A.116
Findings and recommendations
419A.118
Records
419A.120
Court use of findings and recommendations
419A.122
Use of findings and recommendations by Department of Human Services
419A.124
Policy and procedure recommendations
419A.128
State Citizen Review Board Operating Account
419A.150
Appointment
419A.180
Power of court to enforce orders by contempt order
419A.190
Effect of adjudicatory hearing or admission
419A.200
Who may appeal
419A.205
Judgments described
419A.208
Orders subject to appeal by state
419A.209
Joint motion to vacate judgment or order
419A.211
Appointment of counsel
419A.240
Use of restraints during juvenile court proceedings
419A.245
Use of restraints during transport
419A.250
Authority
419A.252
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256
419A.253
When information in report, material or document considered by court must be identified in record
419A.255
Maintenance
419A.256
When transcript of proceeding is part of record of case
419A.257
Reports and materials privileged
419A.258
Motion to inspect or copy records
419A.260
Expunction
419A.262
Expunction proceeding
419A.265
Eligibility for order of expunction for certain adjudications involving marijuana
419A.267
Notice of expunction
419A.269
Effect of expunction
419A.271
Appointment of counsel
419A.300
Reports to school districts concerning young persons on conditional release
419A.305
Notice to school administrators concerning students subject to juvenile court petitions
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