Overview Description

A record relating to a juvenile adjudication for an act that would constitute rape in the third degree, sodomy in the third degree, or sexual abuse in the third degree, or an attempt to commit those crimes can be expunged upon petition, so long as five years have elapsed and the person is not subject to a disqualifying event. Or. Rev. Stat. § 419A.262(9)(a).

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). Serious offenses as listed in section 419A.260(1)(d)(J) are not eligible for expunction, except for the adjudication that is the subject of the petition.

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 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 contact 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 denying the record exists. Or. Rev. Stat. § 419A.262(21).

A person who is the subject of a record that has been expunged under this section can 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).

Waiting Periods

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

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