Overview Description

Records relating to a juvenile matter will be expunged upon petition by the court so long as at least five years have elapsed since the date of the person's most recent termination. Or. Rev. Stat. § 419A.262(2).

Ineligible Category or Citation

To be eligible for expunction, the petitioner cannot: (a) have a conviction for a felony or a Class A misdemeanor since the date of the most recent termination; (b) have any proceedings pending that seek a criminal conviction or a juvenile adjudication; (c) be within the jurisdiction of any juvenile court for unruly behavior, behavior or circumstances that endanger the welfare of the person or others, running away from home, or a delinquency matter; or (d) be under the investigation by any law enforcement agency. Or. Rev. Stat. § 419A.262(2). Certain serious offenses are not eligible for expunction. Or. Rev. Stat. § 419A.260(1)(d)(J).

Procedure General

The petition must be filed in the county where the person resided at the time of the most recent termination. Or. Rev. Stat. § 419A.262(1). For the specific procedure, see Or. Rev. Stat. § 419A.262.

Fees

There is no statutory language regarding fees.

Effect

Upon the entry of an expungement judgment, the incident that is the subject of the expunged record will not be disclosed by any agency. An agency that is subject to an expungement judgment will respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists. Or. Rev. Stat. § 419A.262(21).

A person who is the subject of a record that has been expunged under this section may assert that the record never existed and that the contact, which was the subject of the record, never occurred without incurring a penalty for perjury or false swearing under the laws of this state. Or. Rev. Stat. § 419A.262(22).The petition may be filed five years after the date of the person's most recent termination.

Waiting Periods

The petition can be filed five years after the date of the person's most recent termination.

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