OREGON

An adjudication by a juvenile court is not considered a

conviction of a crime or offense. Or. rev. Stat. § 419C.400.

Juvenile Record Contents

The “record” that can be expunged includes a ﬁngerprint

or photograph ﬁle, report, exhibit or other material which

contains information relating to a person’s contact with

any law enforcement agency or juvenile court or juvenile

department and is kept manually, through the use of

electronic data processing equipment, or by any other

means by a law enforcement or public investigative

agency, a juvenile court or juvenile department or an

agency of the State of Oregon. Or. rev. Stat. § 419A.260(1)

(d). For purposes of expungement, records also include

ﬁngerprint and photograph ﬁles and records. Or. rev. Stat.

§ 419A.250(6).

Conﬁdentiality of Law Enforcement Records

No distinction is made between law enforcement and court

records.

Conﬁdentiality of Court Records

Juvenile court records are closed to the public unless

the court consents to the disclosure of the records.

However, the name of the juvenile, the basis for the court’s

jurisdiction over the juvenile, the time and place of the

proceeding, the act alleged in the petition if that act would

constitute a crime by an adult, and the parents’ names are

generally not conﬁdential. Or. rev. Stat. § 419A.255.

Exceptions: The following people may see and make a copy

of a child’s court records (Or. rev. Stat. § 419A.255):

Child

Child’s parent or guardian

Child’s attorney

Juvenile court personnel

Superintendent of the school district in which the

child is enrolled

Social service providers

Victim(s) of the crime(s) and their parents, though

only photographs

Exceptions to Conﬁdentiality

None.

Availability of Records Online or in Commercial

Background Reports

Juvenile records are stored in the Juvenile Justice

Information System (JJIS), administered by the Oregon

Youth Authority. Or. Admin. R. 416-180-0000. Juvenile

custody data, including data of juveniles certiﬁed to adult

court, is separated from adult arrest information. Or. rev.

Stat. § 419A.250.

Consequences for Unlawfully Sharing

Conﬁdential Information

None.

Sealing and Expungement

Set Aside: When an order is set aside the records of both

the original ﬁnding of jurisdiction and the order setting it

aside “remain physically intact,” but any prospective legal

effect of the adjudication ceases. State ex. rel. Juvenile

Dept. of Multnomah County v. Tyree, 33 P.3d 729 (Or. Ct.

App. 2001) (“nothing in the set-aside order signiﬁed that

youth’s adjudication never occurred or that it was nulliﬁed

retroactively.”). See also Or. rev. Stat. § 419A.262; Or. rev.

Stat. § 419A.250; Or. rev. Stat. § 419A.260.

Expunction in Oregon is deﬁned as the removal and

destruction or sealing of a judgment or order and all

records and references related to any instance in which

a person’s act or behavior, or alleged act or behavior,

resulted in a juvenile court’s jurisdiction. Or. rev. Stat. §

419A.260(1)(b)(A).

Or. rev. Stat. § 419A.262; Or. rev. Stat. § 419A.250; Or. rev.

Stat. § 419A.260.

Excluded Offenses

Offenses that cannot be set aside include Class A and B

felonies, criminal mistreatment constituting child abuse,

any sex crime, and endangering the welfare of a minor.

Or. rev. Stat. § 137.225(5); Or. rev. Stat. § 419A.260. An

exception exists in that a person who has been convicted

of committing or attempting to commit rape in the third

degree or sodomy in the third degree may expunge his

or her record if that person would otherwise be eligible

for expungement, no longer is required to report as a sex

offender, and has not subsequently committed an offense

excluded from expungement or set-aside pursuant to Or.

rev. Stat. § 419A.260(1)(d)(J); Or. rev. Stat. § 137.225; Or.

rev. Stat. § 262(9)(a).

OREGON

www.jlc.org/juvenilerecords

Eligibility

Setting Aside: Adjudicated juveniles may seek to have

their adjudication set aside, even if it is not expungeable.

This may occur when a youth has completed his or her

conditions of probation, and applies to all orders or

adjudications, but not to judgments. An adjudication also

may be set aside if the person’s U.S. or state constitutional

rights were violated during the proceedings, if the statute

that makes the conduct criminal for individuals who are

adults is found unconstitutional. Or. rev. Stat. § 419C.610.

See, e.g., State ex rel. Juv. Dept. v. Tyree, 33 P.3d 729 (Or.

Ct. App. 2001). A record may be set aside if after three years

have passed from the date of pronouncement of judgment,

the defendant has fully complied with and performed the

sentence of the court. A record may also be set aside when

a year has passed from the date the person was arrested

and no accusatory instrument has been ﬁled, or at any time

after an acquittal or a dismissal of the charge. Or. rev. Stat.

§ 137.225(1). The arrested person may apply to the court

that would have jurisdiction over the crime for which the

person was arrested, for entry of an order setting aside the

record of the arrest.

Expungement: In addition to the automatic expunction

process, expunction can occur upon application of a person

who is the subject of the record, or upon application of

the juvenile department. Additionally, the juvenile court’s

can ﬁle its own motion after a hearing when the matter is

contested, if the court determines that expunction would

be “in the best interests of the person and the public.”

Or. rev. Stat. § 419A.262(8). The juvenile court will order

expunction if the person was never found to be within the

court’s jurisdiction or if at least ﬁve years have passed

since the individual’s most recent termination, since the

date of the most recent termination the individual has not

been convicted of a felony or class A misdemeanor, no

proceedings seeking a criminal conviction or adjudication

in a juvenile court are pending, the individual is not within

the jurisdiction of any juvenile court for delinquency;

and the juvenile department is not aware of any pending

investigation for the individual’s conduct. Or. rev. Stat.

§§ 419A.262(2)(a)-(e). A person who has otherwise been

convicted of a sex offense that is a Class C felony may

expunge his or her record if that person would otherwise be

eligible for expungement, was less than sixteen years old

at the time of the offense, was less than three years older

than the victim of the sex crime, and has not subsequently

committed an offense excluded from expungement or set-

aside and the victim of the sex crime was at least twelve

years old at the time of the offense and the only basis for

the victim’s lack of consent is his or her legal incapacity to

consent. Or. rev. Stat. § 419A.260 (1)(d)(J); Or. rev. Stat. §

137.225.

Notiﬁcation

The juvenile court or juvenile department is required to

make a reasonable effort to provide written notice to a

child and his parent of the procedures for expunction

of a record, the right to counsel, the legal effect of an

expunction order and the procedures for seeking relief from

the duty to report as a sex offender. This must be done

(a) at any dispositional hearing or at the time of entering

into a formal accountability agreement; (b) at the time of

termination; (c) upon notice to the subject of an expunction

pending pursuant to application of a juvenile department

or motion on a juvenile court; and (d) at the time of notice

of execution of an expunction order. Or. rev. Stat. §

419A.260(2).

Automatic (without application)

Oregon requires the deletion of ﬁles if a case is not brought

against a juvenile. The Department of State Police deletes

ﬁngerprint and photograph ﬁles or records of youth or

youth offenders from the depository and destroys the ﬁles

or records one year after receiving the ﬁles if the depository

has not received notice that the juvenile was within the

jurisdiction of the court, or no later than one year following

receipt of a notice that the petition was dismissed, or, in all

other cases, no later than ﬁve years and thirty days after

the ﬁngerprints and photographs or records were sent to

the central state depository. Or. rev. Stat. § 419A.250(5)(d).

Petition/Application

Setting Aside: To have a record set aside, an individual

must petition the court – a copy of the petition is sent to the

district attorney, who represents the state in the matter.

Or. rev. Stat. § 419C.610. See also Or. rev. Stat. § 137.225

(explaining that the prosecutor must then provide a copy of

the motion and notice of the hearing date to the victim, if

any, of the crime by mailing a copy of the motion and notice

to the victim’s last-known address).

Expungement: The juvenile court, the juvenile department,

or a juvenile who has turned eighteen can apply for

expunction in the county in which the resided at the time

of the most recent termination. The petition must include

the names of the juvenile courts, juvenile departments,

institutions and law enforcement and other agencies that

the person has reason to believe possess an expungible

record of the person. If the application was ﬁled by the

individual, the juvenile department shall provide the names

and addresses of the juvenile courts, juvenile departments,

institutions and law enforcement and other agencies

that a reasonable search of department ﬁles indicates

have expungible records. If the application was ﬁled by

the juvenile department or upon the court’s own motion,

the application or motion shall set forth the names and

addresses of the juvenile courts, juvenile departments,

institutions and law enforcement and other agencies that

a reasonable search of department ﬁles indicates have

expungible records and those provided by the subject

person. Notice of a ﬁled petition must be provided to the

district attorney, who then has 30 days in which to ﬁle

written objections and the grounds therefore to the person

whose records are to be expunged and to the juvenile court.

Or. rev. Stat. §§ 419A.262(1)-(2).

Hearing

Setting Aside: At the hearing to set aside the adjudication,

the court may require the ﬁling of afﬁdavits and may

require the taking of such proofs as it deems proper, and

will also allow the victim to make a statement. Or. rev. Stat.

§ 137.225. In making a determination, the court considers

“the circumstances and behavior of the applicant from the

date of conviction, or from the date of arrest as the case

may be, to the date of the hearing on the motion” and

whether they warrant setting aside the conviction or the

arrest. Or. rev. Stat. § 137.225.

Expungement: If no objection is ﬁled the court may

decide on expunction either without a hearing or after full

hearing—if an objection is ﬁled, the court must hold a

hearing. Or. rev. Stat. § 419A.262. Additionally, if the child

qualiﬁes ﬁnancially under Or. rev. Stat. § 419B.198, the

court may appoint suitable counsel to represent the child.

Or. rev. Stat. § 419A.262(16). See also Or. rev. Stat. §

419B.201. At the hearing, the burden of proof is on the party

contesting the expunction. Or. rev. Stat. § 419A.262(16).

After the hearing ends, the court issues judgment granting

or denying expunction (it will grant “expunction 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”)—it will

then send a copy of an expunction judgment to each agency

subject to it. Or. rev. Stat. § 419A.262.

Court Process

Setting Aside: After the hearing, the court will make its

determination based on “the circumstances and behavior of

the applicant from the date of conviction, or from the date

of arrest as the case may be, to the date of the hearing” and

whether they “warrant setting aside the conviction, or the

arrest record as the case may be.” Or. rev. Stat. § 137.225.

Expungement: The court can also order expunction if, upon

the person’s application, or upon its own motion, it holds

a hearing and determines that the application requests

expunction of only that part of the person’s record that

involves a charge, allegation or adjudication based on

conduct that if done by an adult would constitute the crime

of prostitution; and the person was under 18 years of age at

the time of the conduct—there is no waiting period required

before the juvenile court orders this type of expunction.

Or. rev. Stat. § 419A.262(3). In this case no hearing is

necessary. Or. rev. Stat. § 419A.262(13).

Effect

Setting Aside: Upon the entry of the order, the applicant

for purposes of the law shall be deemed not to have been

previously convicted, or arrested as the case may be,

and the court shall issue an order sealing the record of

conviction and other ofﬁcial records in the case, including

the records of arrest whether or not the arrest resulted in a

further criminal proceeding. Or. rev. Stat. § 137.225.

Expungement: When a record is ordered expunged, the

record will be sealed or a stamp or statement afﬁxed to

the front of the ﬁle, the date of expunction and instruction

that no further reference shall be made to the material

except by order of a court. Or. rev. Stat. § 419A.260(1)(b)

(B). Upon receipt of a copy of the expunction judgment,

agencies shall comply and, within 21 days of the date of

receipt, return the copy to the juvenile court or juvenile

department with an endorsement indicating compliance.

Or. rev. Stat. §§ 419A.262(16)-(17). When all agencies

subject to an expunction judgment have indicated their

compliance or in any event no later than six weeks

following the date the judgment was delivered, the juvenile

court shall provide the person who is the subject of the

record with a copy of the expunction judgment, a list of

complying and noncomplying agencies, and a written

notice of rights and effects of expunction. The juvenile court

and juvenile department then shall expunge forthwith all

records which they possess and which are subject to the

judgment, except the original expunction judgment and the

list of complying and noncomplying agencies which must

be preserved under seal. In addition to those agencies,

the juvenile, circuit, municipal and justice courts, and the

district and city attorneys of this state, are bound by an

expunction judgment of any juvenile court of appropriate

jurisdiction in this state issuing an expunction judgment.

Or. rev. Stat. §§ 419A.262(19)-(20). Once an expunction

order is entered, it is as if the adjudication never occurred.

Or. rev. Stat. §§ 419A.262(21)-(22). After three years have

passed from the individual’s most recent termination, the

juvenile court can direct that the records be physically

destroyed. The expunction judgment and list of complying

and noncomplying agencies may not be destroyed, but

instead will be preserved under seal. The destruction

of records under this subsection does not constitute

expunction. Then, an expunction judgment and list of

complying and noncomplying agencies shall be released

from conﬁdentiality only on order of the court originating

the expunction judgment, based on a ﬁnding that review of

a particular case furthers compliance with the expunction

provisions of this chapter. Or. rev. Stat. § 419A.262(23).

Fee

The person seeking a set aside must also pay a fee of $80

to the Department of State Police (in the form of a certiﬁed

check), as well as a ﬁling fee of $252. Or. rev. Stat. §

137.225(2) (citing Or. rev. Stat. § 21.135).

Consequences for Sharing Expunged/Sealed

Information

A person who intentionally releases all or part of an

expunged record commits a Class C misdemeanor. Or. rev.

Stat. § 419A.262(27); In re Leisure, 113 P.3d 412, 421 (Or.

2005) (citing In re Gustafson, 41 P.3d 1063 (Or. 2002) (in

which part of the grounds for disbarment of a former deputy

district attorney was her failure to destroy evidence relating

to a juvenile’s expunged record, which caused the juvenile

harm, and constituted criminal conduct)). An individual

whose record was expunged has a right of action against

any person who intentionally violates the conﬁdentiality

provisions of the expunction provision, with punitive

damages up to $1,000, in addition to actual damages.

Or. rev. Stat. § 419A.262(25) (noting also that “the

prevailing party shall be entitled to costs and reasonable

attorney fees.”). Additionally, intentional violation of the

conﬁdentiality provisions of the expunction statue is cause

for dismissal. Or. rev. Stat. § 419A.262(25).

Resources

OregOn State Bar, Clearing Your Record (October

2014), http://www.osbar.org/public/legalinfo/1081_

clearingrecord.htm.