Expunction

Please Find Expunction Application Below.

What is an expunction?

The expunction process destroys or seals records of you contact with the police agencies, juvenile court and the county juvenile department. It’s sometimes called ‘getting your record expunged.’ 

If the juvenile department of the court approve an expunction of your records, this is what happens:

• Any agency who has a record based on the contact must remove your record.
• If people ask the agency or the court about your record, they must tell that person that your do not have one.
• The juvenile department or court will give you a copy of the expunction notice or order and a list of the agencies that have complied with it (the agencies that need to follow it).
• You are legally permitted to say that your juvenile record never existed and the contact (act or behavior) never occurred.

Does expunction happen automatically?  

Yes, if you turn 18 after January 2, 2022, and you were never found within the jurisdiction of the court. The juvenile department will process the expunction after you turn 18 and your case is closed.

However, if you were found within the jurisdiction of the court, you must apply for expunction.            (See *How to apply for expunction)

To qualify for an expunction, you have to meet ONE of the five criteria listed below:

You were NEVER found within the jurisdiction of the juvenile court, and you meet ALL FIVE of these conditions:

1. You are at least 18 years old.
2. There is no pending petition in juvenile court that alleges criminal conduct.
3. You were not waived to criminal court. (ORS 419C.352)
4. You do not have an open referral for a case by informal means.
5. You did not have contact with the juvenile department resulting in a convection under ORS 137.707.

You were previously under the jurisdiction of the juvenile court, but now you meet ALL FIVE of these conditions:

1. At least five years have passed since your most recent termination.
2. Since termination, you have not been convicted of a felony or a Class A misdemeanor.
3. You are not the subject of a pending proceeding in juvenile or criminal court.
4. You are not currently within the jurisdiction of any juvenile court.
5. You are not the subject of a pending police criminal investigation.

You were previously under the jurisdiction of the juvenile court, but you meet ALL FOUR of these conditions:

1. You were last adjudicated for a crime involving possession delivery, or manufacturing of marijuana.
2. At least one year has passing since your most recent termination.
3. You have not been adjudicated for any other offense.
4. You complied with and performed all conditions of the adjudication.

You were referred for a prostitution-related offense, and:

1. You were younger than 18 at the time.
2. The request for expunction only applies to the part of the record that involves a charge, allegation, or adjudication of prostitution (ORS 167.007)

Expunging your record is in the best interests of both you and the public.

ORS = Oregon Revised Status. These are Oregon’s state laws. You can find them online: oregonlegislature.gov 

Are all records able to be expunged?

No. You are NOT allowed to expunge these types of records:

Records where you were found within the jurisdiction of the court for any of the acts.

• Aggravated murder or murder
• Attempt, solicitation, or conspiracy to commit murder or aggravated murder
• Manslaughter in the first or second degree
• Criminal negligent homicide
• Assault in the first degree
• Criminal mistreatment is the first degree
• Unlawful sexual penetration in the first or second degree
• Sexual abuse in the first, second or third degree
• Promoting or compelling prostitution
• Aggravated vehicular homicide
• An attempt to commit any of the acts listed above.

And records from

• Department of Transportation (DMV)
• State Marine Board
• State Fish and Wildlife Commission
• Blood or buccal samples, other physical evidence, and identification information kept by Oregon State Police.

NOTE: There may be exceptions if you were adjudicated for certain sex crimes. For a complete list of records that cannot be expunged, see ORS 491A.260     

*How to apply for expunction:

If you were under the jurisdiction of the court, you may submit an application to the county court of county juvenile department that most recently handled your case. There is no fee to apply for expunction. See Supporting Documents for application.

Is the help available to apply for expunction?

Yes! There are two options.

• Ask the court for an attorney to help you. Contact the court clerk for details.
• Hire your own attorney.

What happens after applying?

The District Attorney (DA) will review your application and notify any victims. The DA may object to your application. If this happens, the court will schedule a hearing to decide if your records should be expunged, and they will notify you about how to request an attorney. If the DA supports your application for expunction, the court usually will order expunction of your record without a hearing.

What happens at an expunction hearing?

1. A judge will listen to the reason the district attorney (DA) believes you do not qualify for expunction.
2. You, along with your attorney, may then tell the judge why you believe that you qualify, based on one of the five reasons listed for qualifying for expunction.
3. It is the responsibility of the DA to prove you do not qualify for expunction. The judge will decide if your records should be expunged.

If the judge approves your expunction: You can legally say that your juvenile record never existed and the contact never occurred.

If the judge denies your expunction: You have the right to file a new expunction application based on the same or a different reason. You also have the right to have an attorney help you.

This information is NOT meant to be legal advice. It is meant to explain the expunction process, how you qualify and some general facts.