Department of Community Justice

Juvenile Services Division

1401 N.E. 68th Ave.  Portland, Or 97213
MAIN: 503.988.3460 ** FAX: 503.988.3218 ** TTY Relay Service: 711

INFORMATION ON GETTING YOUR FILE EXPUNGED

Under Oregon law (ORS 419A.260 - 419A.262), juvenile court records can be expunged. Expunction is defined as the removal and destruction of all delinquency reports, judgments, orders, and records on file with the juvenile department or law enforcement and other agencies.

How soon your record can be expunged depends on whether or not you have been found to be within the jurisdiction of the Court. Jurisdiction means the Court has found you have committed a law violation.You can ask to have your record expunged;

1. If you have never been found to be within the jurisdiction of the Court, you may request your record be expunged at age 18.
   
2. If you have been found to be within Court jurisdiction, you may request your record be expunged if:
   1. Five years have elapsed since your last juvenile court termination;
   2. You have not been convicted of a Felony or Class A Misdemeanor since your termination from the juvenile court;
   3. No proceedings seeking a criminal conviction or an adjudication in a juvenile court are pending against you;
   4. You are not presently within the jurisdiction of any juvenile court for delinquent behavior, being beyond control, behavior such as to endanger your own welfare or the welfare of others, or running away ORS 419C.005 or ORS 419B.100 (1)(a) to (c) and (f)
   5. You have not been found within juvenile court jurisdiction for the non-expungeable offenses listed on the back of this form.

At age 21 your record will be automatically reviewed for expungement except for persons found within juvenile court jurisdiction for the non-expungeable offenses listed below.

If you meet the above conditions, you can apply to the Multnomah County Juvenile Court for expunction of your records. If you do not meet conditions A to E, the court may expunge your record if it finds it would be in your best interest and in the best interest of the public to do so.

If the District Attorney's Office objects to your application for expunction because five years have not elapsed since your last Juvenile Court termination, you have the right to request a court hearing. The Court may still expunge your record in spite of an objection from the District Attorney's Office.

If your expunction request is granted, record destruction includes files in any agency known to have such information. Upon entry of an expunction order, police, court or other contacts shall be treated as though they never occurred. You may legally say that the record never existed and that the contact never occurred. An agency subject to the expunction order shall inform anyone who asks about you that no record exists. You are entitled to a copy of the expunction order and a list of the agencies which have complied with the order. Anyone violating your right to confidentiality commits a Misdemeanor, and an intentional violation may constitute an invasion of your privacy, giving you the right to an action against the violator for punitive damages in the amount of $1,000, in addition to any actual damages, costs and attorney's fees.

You may have rights under this law. Contact this agency if you wish more information. Call 988-3460 and ask to talk to the Expunction Clerk.

Multnomah County Juvenile Justice Division
1401 NE 68th Avenue
Portland, Oregon 97213
(503) 988-3460

ANY RECORDS IN CASES UNDER ORS 419C.005 IN WHICH A JUVENILE COURT FOUND A PERSON TO BE WITHIN THE JURISDICTION OF THE COURT BASED UPON THE PERSON'S COMMISSION OF AN ACT WHICH WOULD CONSTITUTE CHILD ABUSE AS DEFINED IN ORS 419B.005 AND IF DONE BY AN ADULT WOULD CONSTITUTE ONE OF THE FOLLOWING OFFENSES:

• Criminal mistreatment in the first degree under ORS 163.205;
• Rape in the third degree under ORS 163.355;
• Rape in the second degree under ORS 163.365;
• Rape in the first degree under ORS 163.375;
• Sodomy in the third degree under ORS 163.385;
• Sodomy in the second degree under ORS 163.395;
• Sodomy in the first degree under ORS 163.405;
• Unlawful sexual penetration in the second degree under ORS 163.408;
• Unlawful sexual penetration in the first degree under ORS 163.411;
• Sexual abuse in the third degree under ORS 163.415;
• Sexual abuse in the second degree under ORS 163.425;
• Sexual abuse in the first degree under ORS 163.427;
• Promoting prostitution under ORS 167.012; and
• Compelling prostitution under ORS 167.017.

ANY RECORDS IN CASES UNDER ORS 419C.005 IN WHICH A JUVENILE COURT FOUND A PERSON TO BE WITHIN THE JURISDICTION OF THE COURT BASED UPON THE PERSON'S COMMISSION OF AN ACT WHICH IF DONE BY AN ADULT WOULD CONSTITUTE ONE OF THE FOLLOWING OFFENSES:

• Aggravated murder under ORS 163.095;
• Murder under ORS 163.115;
• Manslaughter in the first degree under ORS 163.118;
• Manslaughter in the second degree under ORS 163.125; or
• Criminally negligent homicide under ORS 163.145.