Expungement
Do I Qualify for an Expunction of Records:
To qualify, 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:
- You are at least 18 years old.
- There is no pending petition in juvenile court that alleges criminal conduct.
- You were not waived to criminal court. {ORS 419C.349 or ORS 419C.352);
- You do not have an open referral for a case by informal means.
- You did not have contact with the juvenile department resulting in a conviction under ORS 137.707. (Mandatory minimum sentences for certain juvenile offenders waived to adult court).
- You were previously under the jurisdiction of the juvenile court, but now you meet all five of these conditions:
- At least five years have passed since your most recent termination.
- Since termination, you have not been convicted of a felony or a Class A misdemeanor.
- You are not the subject of a pending proceeding in juvenile or criminal court.
- You are not currently within the jurisdiction of any juvenile court.
- 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:
- You were adjudicated for a crime involving possession, delivery, or manufacturing of marijuana.
- At least one year has passed since your most recent termination.
- You have not been adjudicated for any other offense.
- You complied with and performed all conditions of the adjudication.
- You were referred for a prostitution-related offense. and:
- You were younger than 18 at the time.
- 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.
Expungement does not include:
- Academic records
- Information needed for federal funding of that person
- Records kept by the Department of Transportation, State Marine Board and State Fish and Wildlife Commission
- Records related to an order of waiver
- Records related to a support obligation
- Medical records
- Records related to a termination of parental rights and adoption
- Records of the Oregon Supreme Court and Court of Appeals
- Records maintained by the Law Enforcement Data System
Records which cannot be expunged include:
- Records where you were found within the jurisdiction of the court for any of these acts:
- Aggravated murder or murder
- Attempt, solicitation, or conspiracy to commit murder or aggravated murder
- Manslaughter in the first or second degree
- Criminally negligent homicide
- Assault in the first degree
- Criminal mistreatment in 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 these acts listed above
- See ORS 419.260 for complete information on non-expungeable records.
How to Apply for Expunction:
- If you were under the jurisdiction of the court, you may submit an application to the county court or county juvenile agency that most recently handled your case. There is no fee to apply. The application form is available at the county juvenile department.
Can I get Legal Help to Apply for Expunction:
- Ask the court for an attorney to help you. Contact the court clerk for details.
- Hire your own attorney. The Oregon State Bar may be able to help you find one: 800-452-7636, osbar.org/public/ris
- For additional information, please call the Yamhill County Juvenile Division at 503-434-7512. (ORS: 419A.260 to 419A.269)