Expunction

*Expunction Rules - ORS 419A.260-271 and changes resulting from Senate Bills 575 & 519:

Senate Bill 575 (Eff1/2/22) and Senate Bill 519 (Eff 1/1/24), changed the rules for expunction of your juvenile record (ORS419A.260-271); everyone now qualifies for an attorney to assist with their expunction application and case. In some cases, the Court must order agencies to expunge your record, and in other cases, the Juvenile Department may notice  agencies to expunge your record. A notice to expunge from the Juvenile Department carries the same weight and obligation as the Court's Order to expunge record(s).

System-Initiated Expunction or Application Process?

Whether expunction of your juvenile record is system-initiated, or the Juvenile Department prepares an expunction application on your behalf, or you need to file an expunction application yourself, depends on several factors, including when you turned 18, and whether or not you went before the Court on a petition;

Youth turns 18 on or after 01/02/2024 + the following restrictions;

• Subject person was adjudicated on a misdemeanor or violation only in Juvenile Court (never a felony)
• Subject person is not pending investigation by any law enforcement agency
• Subject person has not been convicted as an adult of a Class A Misdemeanor or Felony
• Subject person has never been adjudicated of a crime on the exclusionary list in 419A.260
• Subject person does not owe any restitution
• Subject person does not have a pending petition in juvenile court
• Subject person has never been waived to adult court
• Subject person has not had a referral resulting in a conviction under ORS 137.707

• No petition filed, Informal Supervision only (no petition filed), youth turns 18 after 01/01/24 AND case is still open;

Once the youth turns 18 AND their case is closed; Juvenile department receives a system-generated notification to begin the expunction process, resulting in the Juvenile Department sending out a notice of expunction on behalf of youth to agencies with records (no waiting period).

• No petition filed, Informal Supervision only (no petition filed), youth turns 18 after 01/01/24, case is closed;

Once the youth turns 18, Juvenile department receives a system generated notification to begin the expunction process, resulting in the Juvenile Department sending out a notice of expunction on behalf of youth to agencies with records (no waiting period).

• Petition filed, youth turns 18 after 01/01/24, youth was not adjudicated, OR youth was adjudicated on misdemeanor(s) or violation(s) only;

Once the youth turns 18, Juvenile department receives a system generated notification to begin the expunction process, the Juvenile Department will prepare an Expunction Application and submit it to the Court, on behalf of the youth, within 90 days of the youth turning 18 or when they become eligible. In these cases, the Juvenile Court shall enter a Judgment of expunction without a hearing, if the youth qualifies based on the applicable criteria.

• Petition filed, youth turned 18 prior to 01/01/24, was adjudicated on misdemeanor(s) or violation(s) only;

The person who is the subject of the juvenile record needs to prepare an expunction application and submit it to the Linn County Juvenile Department. The Juvenile Department will prepare a Court Judgment and forward the expunction application and order to the juvenile Court. In these cases, the Juvenile Court shall enter a Judgment of expunction without a hearing, if the youth qualifies based on the applicable criteria.

• Petition filed, youth was adjudicated on one or more FELONY charges;

The person who is the subject of the juvenile record will wait 4 years after their case was closed with the Linn County Juvenile Department. The subject person will then prepare an expunction application and submit it to the Linn County Juvenile Department. The Juvenile Department will forward the expunction application and order to the District Attorney and Juvenile Court. If any party objects to the expunction application, the Court will schedule a hearing.

Regardless of your birthday, if you have been adjudicated of a FELONY as a juvenile in a court of law, you must wait 4 years after the date your case was closed before you may become eligible to apply for expunction of your juvenile record (see exceptions below).

Exceptions to 4-year Waiting Period:

• Prostitution allegations are expungeable on or after a youth turns 18 because by law a juvenile cannot consent (section C. on the youth’s application for expunction). No waiting period.
• Marijuana charges (possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545)) under ORS 419A.265 are expungeable once the youth turns 18, and at least 1 year after case closure (section D. on the youth’s application for expunction)
• If expunction of the subject person's juvenile record is in the best interest of the community and the subject person.

Fees & Fines:

As a result of Senate Bill 817, juvenile fees and fines are null and void whether your juvenile case is new or old. This does not include restitution, you must pay all ordered restitution.

Restitution:

You must still pay any and all restitution owed before you can apply to have your juvenile record expunged.

Non-Expungable Records:

There are some records that cannot be expunged according to Oregon Statute (ORS 419C.005 & 419A.260(J)(i-xxv) *see Oregon Revised Statute for more information.

• “Expunction” means the “..removal and destruction or sealing of a judgment or order related to contact.” ORS 419A.260
• “Jurisdiction” means when a judge decides that you committed an act, ( that if you were an adult, could be considered a crime ), you are then found to be “within the jurisdiction of the court”. This is similar to the term “conviction” in the adult criminal justice system. ORS 419C.005
• “Adjudication” means a court hearing where a Judge finds a youth responsible for committing a crime. The decision is made either because the youth admits to a charge, or is found responsible by a Judge through a court trial.
• “Contact” means when any instance of a juvenile’s alleged behavior comes to the attention of any law enforcement agency or juvenile court, or juvenile department.