Overview Description

A record relating to a juvenile adjudication for a Class C felony sex crime can be expunged upon petition, so long as five years have elapsed, the person was under 16 years old at the time of the offense, and the person is not subject to a disqualifying event. Or. Rev. Stat. § 419A.262(9)(b).

Ineligible Category or Citation

To be eligible for expunction, the petitioner cannot be subject to any of the disqualifying events described in Or. Rev. Stat. § 419A.262(2) or (9)(b). 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).

The juvenile court, after a hearing when the matter is contested, can order the expungement of all or any part of the person's record if it finds that to do so would be in the best interests of the person and the public. Or. Rev. Stat. § 419A.262(8).

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 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.

(non-prod server)