What is expungement?
A youth’s record can be expunged, or effectively deleted, if approved by a court. Every agency involved in the youth’s case is required to destroy the record. If people ask OYA about the youth’s record, then we must tell them that there isn’t one
The court will give the involved youth a copy of the expungement order and a list of the agencies that have complied with that order. Once you receive that order, you are legally permitted to say the juvenile record never existed and the contact never occurred.
Who qualifies for expungement?
To qualify for expungement, you must meet at least ONE of the following three categories:
- You were previously under the jurisdiction of the court, but you now meet ALL FIVE of the following:
- Five years have passed since your case was terminated;
- Since termination, you have not been convicted of a new crime;
- You are not the subject of a pending juvenile or criminal court proceeding;
- You are not currently within the jurisdiction of any juvenile court; and,
- You are not the subject of a pending police criminal investigation.
- You are over 18 and were never within the jurisdiction of the court; or
- Expunging your record is in the best interests of both you and the public.
You are NOT allowed to expunge these types of records:
- Records in which you were found within the jurisdiction of the court for certain serious violent or sexual crimes.
- Department of Transportation records
- State Marine Board records
- State Fish and Wildlife Commission records
- Blood or buccal samples, other physical evidence, and identification information kept by Oregon State Police.
- Transcript of Youth Corrections Education Program (schools located in a youth correctional facility)
- Medical records
How do I get my record expunged?
For those with a conviction in adult court: You can motion the court to set aside the conviction in certain situations (ORS 137.225). There are numerous restrictions on who is eligible, so legal advice may be necessary to determine eligibility.