Expunction
Record Expunction
*Expunction Rules – Senate Bill 519
Effective January 1, 2024
Senate Bill 519 changed the rules for expunction of your juvenile record.
1. Added misdemeanors and violations to the system-initiated expunction process (meaning you do not have to apply, we do it for you!) if the following conditions are met.
Youth Must:
- Turn 18 after 1/1/2024
- or if the youth is 18 on that date and the case is open, within 90 days of termination of the case
- Be adjudicated on misdemeanor or violation only
- Never a felony
- Not a crime on the exclusionary list in 419A.260
- Not owe restitution,
- Not have a pending petition,
- Not have been waived to adult court,
- Not had a referral resulting in a conviction under ORS 137.707.
2. For those who must apply for expunction, the wait time has changed from 5 years to 4 years. When it comes time to apply, apply in the county you were supervised in last. *Example* You were supervised Lane County, moved to Benton County and were supervised under Benton County Juvenile Department and completed your supervision in Benton County; you would apply in Benton County and ONLY Benton County for expunction, we’ll handle the rest!
- Automatic or Application Needed?
If you turned 18 after Jan. 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. OR if you turn 18 after Jan. 1, 2024 and you were under the jurisdiction of the court for a misdemeanor or violation. The juvenile department will submit an application to the court after you turn 18 and your case is closed. However, if you were found within the jurisdiction of the court for a felony, you must apply for expunction.
Regardless of your birthday, if you have been adjudicated as a juvenile in a court of law, you must still wait 4 years after the date your case was closed before you may become eligible to apply for expunction of your juvenile record (except for prostitution and some allegations of marijuana – see note 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)
Fees & Fines:
As a result of Senate Bill 817, juvenile fees and fines are null and void.
Restitution:
You must still pay any restitution owed before you can apply to have your juvenile record expunged.
Non-Expungeable Records:
There are some records that cannot be expunged according to Oregon Statute (ORS 419C.005 & 419A.260(J)(i-xxv) *see attached expunction brochure or 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.