419A.260
Expunction; definitions.
(1) As used in ORS 419A.260 to 419A.271:
(a) “Contact”
means any instance in which a person’s act or behavior, or alleged act or
behavior, which could result in a referral to a juvenile department or a
juvenile court’s assumption of jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or 419C.005 comes to the attention of an agency specified in paragraph
(e) of this subsection.
(b) “Expunction”
means:
(A) The removal
by destruction of a judgment or order related to a contact and all records and
references associated with a subject person;
(B) The removal
by sealing of a judgment or order related to a contact and all records and
references associated with a subject person;
(C) The removal
by redaction of a subject person’s name and all personal identifiers and all
references to the subject person within a record; or
(D) If a record
is kept by the Department of Human Services the department’s affixing to the
front of the file containing the record a stamp or statement identifying the
name of the individual, the date of expunction and instruction that no further
reference may be made to the record that is subject to the expunction notice or
order.
(c) “Person”
includes a person under 18 years of age.
(d) “Misdemeanor
involving violence” means a misdemeanor described in ORS 163.160, 163.187,
163.190, 163.195 or 166.155 (1)(b).
(e) “Record”
includes a fingerprint or photograph file, report, exhibit or other material
which contains information relating to a person’s contact with any law
enforcement agency, juvenile court or juvenile department, the Psychiatric
Security Review Board, the Department of Human Services, the Oregon Youth
Authority or the Oregon Health Authority and is kept manually, through the use
of electronic data processing equipment, or by any other means by a law
enforcement or public investigative agency, a juvenile court or juvenile
department or an agency of the State of Oregon. “Record” does not include:
(A) A transcript
of a student’s Youth Corrections Education Program academic record;
(B) Material on
file with a public agency which is necessary for obtaining federal financial
participation regarding financial assistance or services on behalf of a person
who has had a contact;
(C) Records kept
or disseminated by the Department of Transportation, State Marine Board and
State Fish and Wildlife Commission pursuant to juvenile or adult order or
recommendation;
(D) Police and
court records related to an order of waiver where the matter is still pending
in the adult court or on appeal therefrom, or to any disposition as an adult
pursuant to such order;
(E) Records
related to a support obligation;
(F) Medical
records other than those related to a finding of responsible except for
insanity under ORS 419C.411;
(G) Records of a
proposed or adjudicated termination of parental rights and adoptions;
(H) Any law
enforcement record of a person who currently does not qualify for expunction or
of current investigations or cases waived to the adult court;
(I) Records and
case reports of the Oregon Supreme Court and the Oregon Court of Appeals;
(J) 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:
(i) Aggravated
murder under ORS 163.095;
(ii) Murder in
any degree under ORS 163.107 or 163.115;
(iii) Attempt,
solicitation or conspiracy to commit murder in any degree or aggravated murder;
(iv) Manslaughter
in the first degree under ORS 163.118;
(v) Manslaughter
in the second degree under ORS 163.125;
(vi) Criminally
negligent homicide under ORS 163.145;
(vii) Assault in
the first degree under ORS 163.185;
(viii) Criminal
mistreatment in the first degree under ORS 163.205;
(ix) Kidnapping
in the first degree under ORS 163.235;
(x) Rape in the
third degree under ORS 163.355;
(xi) Rape in the
second degree under ORS 163.365;
(xii) Rape in the
first degree under ORS 163.375;
(xiii) Sodomy in
the third degree under ORS 163.385;
(xiv) Sodomy in
the second degree under ORS 163.395;
(xv) Sodomy in
the first degree under ORS 163.405;
(xvi) Unlawful
sexual penetration in the second degree under ORS 163.408;
(xvii) Unlawful
sexual penetration in the first degree under ORS 163.411;
(xviii) Sexual
abuse in the third degree under ORS 163.415;
(xix) Sexual
abuse in the second degree under ORS 163.425;
(xx) Sexual abuse
in the first degree under ORS 163.427;
(xxi) Promoting
prostitution under ORS 167.012;
(xxii) Compelling
prostitution under ORS 167.017;
(xxiii)
Aggravated driving while suspended or revoked under ORS 163.196;
(xxiv) Aggravated
vehicular homicide under ORS 163.149; or
(xxv) An attempt
to commit a crime listed in this subparagraph other than manslaughter in the
second degree and criminally negligent homicide;
(K) Blood
samples, buccal samples and other physical evidence and identification
information obtained, stored or maintained by the Department of State Police
under authority of ORS 137.076, 181A.155 or 419C.473;
(L) Records
maintained in the Law Enforcement Data System under ORS 163A.035; or
(M) Records of a
law enforcement agency or public investigative agency concerning an open or
otherwise unresolved investigation.
(f) “Termination”
means:
(A) For a person
who is the subject of a record kept by a juvenile court or juvenile department,
the final disposition of a case by informal means, by a decision not to place
the person on probation or make the person a ward of the court after the person
has been found to be within the court’s jurisdiction or by a discontinuance of
probation, of the court’s wardship or of the jurisdiction of the Psychiatric
Security Review Board, the Oregon Health Authority or the Department of Human
Services.
(B) For a person
who is the subject of a record kept by a law enforcement or public
investigative agency, a juvenile court or juvenile department or an agency of
the State of Oregon, the final disposition of the person’s most recent contact
with a law enforcement agency.
(2) The juvenile
court or juvenile department shall make reasonable effort to provide written
notice to a child who is within the court’s jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or to a youth who is within the court’s jurisdiction
under ORS 419C.005, and to the child’s or youth’s parent, of the procedures for
expunction of a record, the right to and procedure to access counsel under this
chapter, the legal effect of an expunction order and the procedures for seeking
relief from the duty to report as a sex offender provided under ORS 163A.130,
at the following times:
(a) At any
dispositional hearing or at the time of entering into a formal accountability
agreement;
(b) At the time
of termination;
(c) Upon notice
to the subject of an expunction pending pursuant to application of a juvenile
department or motion on a juvenile court; and
(d) At the time
of notice of execution of an expunction order. [1993 c.33 §50; 1993 c.546 §93;
1993 c.602 §2; 1995 c.422 §69; 1999 c.97 §4; 1999 c.111 §1; 1999 c.626 §17;
amendments by 1999 c.626 §40 repealed by 2001 c.884 §1; 2001 c.884 §§3b,3d;
2007 c.867 §8; 2009 c.783 §7; 2013 c.708 §27; 2015 c.320 §2; 2019 c.635 §22;
2021 c.585 §5; 2025 c.487 §2]
Notes of Decisions
In Re Complaint as to the Conduct of Gustafson, 41 P.3d 1063 (Or. 2002).
· cites it 8× “DR 1-102(A)(2) The Bar charged that the accused violated DR 1-102(A)(2) by releasing the juvenile records that were subject to expunction under ORS 419A.260 and ORS 419A.262. ORS 419A.260 and ORS 419A.”
State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001).
· cites it 7× “See ORS 419A.260; 3 ORS 419A.262. *191 After oral argument, the trial court granted youth’s motion.”
McLaughlin v. Wilson, 449 P.3d 492 (Or. 2019).
“030(1)(b) makes it an unlawful employment practice “[f]or an employer, because of an individual’s race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex,…”
Harris v. Pameco Corp., 12 P.3d 524 (Or. Ct. App. 2000).
“* * * “(b) For an employer, because of an individual’s race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, religion, color, sex, national origin, marital status or age of any other person with…”
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
· cites it 10× “005 in which a juvenile court found a child to be within the jurisdiction of the court based on the child’s commission of specified acts. Among the specified acts excluded from expunction is conduct that if done by an adult would constitute unlawful sexual penetration in the…”
State v. P. T. (In re P. T.), 433 P.3d 778 (Or. Ct. App. 2018).
· cites it 16× “In that case, the state had argued that the juvenile court lacked authority to set aside a judgment because ORS 419A.260 precludes expunction of youth's delinquency records for conduct constituting first-degree rape, and setting aside the judgment would "have the necessary…”
Spaid v. 4-R Equip., LLC, 287 P.3d 1138 (Or. Ct. App. 2012).
“’s race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, national origin, marital status or age of any other person with whom the…”
Dep't of Human Servs. v. M. R., 283 P.3d 952 (Or. Ct. App. 2012).
“, ORS 419A.260(l)(b) (providing, in part, that “expunction” means “[t]he removal and destruction or sealing of a judgment or order”).”
State v. T. Q. N., 365 P.3d 1112 (Or. Ct. App. 2015).
· cites it 2× “Tyree, 177 Or App 187 , 33 P3d 729 (2001), we analyzed a similar issue: whether ORS 419A.260, which bars expunction of records of youth who commit certain enumerated acts, including some sex crimes, is a useful context in which to understand the juvenile court’s power to set…”
Featherstone v. Capoferri, 389 P.3d 1178 (Or. Ct. App. 2017).
“’s race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, national origin, marital status or age of any other person with whom the…”
— Or. Rev. Stat. § 419A.260(1)(d) — 2 cases
In Re Complaint as to the Conduct of Gustafson, 41 P.3d 1063 (Or. 2002).
“DR 1-102(A)(2) The Bar charged that the accused violated DR 1-102(A)(2) by releasing the juvenile records that were subject to expunction under ORS 419A.260 and ORS 419A.262. ORS 419A.260 and ORS 419A.”
— Or. Rev. Stat. § 419A.260(1)(d)(J) — 4 cases
State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001).
“See ORS 419A.260; 3 ORS 419A.262. *191 After oral argument, the trial court granted youth’s motion.”
State v. P. T. (In re P. T.), 433 P.3d 778 (Or. Ct. App. 2018).
“In that case, the state had argued that the juvenile court lacked authority to set aside a judgment because ORS 419A.260 precludes expunction of youth's delinquency records for conduct constituting first-degree rape, and setting aside the judgment would "have the necessary…”
— Or. Rev. Stat. § 419A.260(1)(d)(J)(ix) — 1 case
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
“005 in which a juvenile court found a child to be within the jurisdiction of the court based on the child’s commission of specified acts. Among the specified acts excluded from expunction is conduct that if done by an adult would constitute unlawful sexual penetration in the…”
— Or. Rev. Stat. § 419A.260(1)(d)(J)(x) — 1 case
State v. P. T. (In re P. T.), 433 P.3d 778 (Or. Ct. App. 2018).
“In that case, the state had argued that the juvenile court lacked authority to set aside a judgment because ORS 419A.260 precludes expunction of youth's delinquency records for conduct constituting first-degree rape, and setting aside the judgment would "have the necessary…”
— Or. Rev. Stat. § 419A.260(1)(d)(J)(xv) — 1 case
State v. P. T. (In re P. T.), 433 P.3d 778 (Or. Ct. App. 2018).
“In that case, the state had argued that the juvenile court lacked authority to set aside a judgment because ORS 419A.260 precludes expunction of youth's delinquency records for conduct constituting first-degree rape, and setting aside the judgment would "have the necessary…”
— Or. Rev. Stat. § 419A.260(1)(d)(J)(xvii) — 1 case
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
“005 in which a juvenile court found a child to be within the jurisdiction of the court based on the child’s commission of specified acts. Among the specified acts excluded from expunction is conduct that if done by an adult would constitute unlawful sexual penetration in the…”
— Or. Rev. Stat. § 419A.260(l)(a) — 1 case
In Re Complaint as to the Conduct of Gustafson, 41 P.3d 1063 (Or. 2002).
“DR 1-102(A)(2) The Bar charged that the accused violated DR 1-102(A)(2) by releasing the juvenile records that were subject to expunction under ORS 419A.260 and ORS 419A.262. ORS 419A.260 and ORS 419A.”
— Or. Rev. Stat. § 419A.260(l)(b) — 2 cases
State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001).
“See ORS 419A.260; 3 ORS 419A.262. *191 After oral argument, the trial court granted youth’s motion.”
Dep't of Human Servs. v. M. R., 283 P.3d 952 (Or. Ct. App. 2012).
“, ORS 419A.260(l)(b) (providing, in part, that “expunction” means “[t]he removal and destruction or sealing of a judgment or order”).”
— Or. Rev. Stat. § 419A.260(l)(b)(A) — 1 case
In Re Complaint as to the Conduct of Gustafson, 41 P.3d 1063 (Or. 2002).
“DR 1-102(A)(2) The Bar charged that the accused violated DR 1-102(A)(2) by releasing the juvenile records that were subject to expunction under ORS 419A.260 and ORS 419A.262. ORS 419A.260 and ORS 419A.”
— Or. Rev. Stat. § 419A.260(l)(b)(B) — 1 case
In Re Complaint as to the Conduct of Gustafson, 41 P.3d 1063 (Or. 2002).
“DR 1-102(A)(2) The Bar charged that the accused violated DR 1-102(A)(2) by releasing the juvenile records that were subject to expunction under ORS 419A.260 and ORS 419A.262. ORS 419A.260 and ORS 419A.”
— Or. Rev. Stat. § 419A.260(l)(d) — 3 cases
State Ex Rel. Juv. Dep't v. Tyree, 33 P.3d 729 (Or. Ct. App. 2001).
“See ORS 419A.260; 3 ORS 419A.262. *191 After oral argument, the trial court granted youth’s motion.”
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
“005 in which a juvenile court found a child to be within the jurisdiction of the court based on the child’s commission of specified acts. Among the specified acts excluded from expunction is conduct that if done by an adult would constitute unlawful sexual penetration in the…”
— Or. Rev. Stat. § 419A.260(l)(d)(J) — 2 cases
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
“005 in which a juvenile court found a child to be within the jurisdiction of the court based on the child’s commission of specified acts. Among the specified acts excluded from expunction is conduct that if done by an adult would constitute unlawful sexual penetration in the…”
— Or. Rev. Stat. § 419A.260(l)(d)(J)(ix) — 1 case
State Ex Rel. Juv. Dep't v. Alderson, 932 P.2d 97 (Or. Ct. App. 1997).
“005 in which a juvenile court found a child to be within the jurisdiction of the court based on the child’s commission of specified acts. Among the specified acts excluded from expunction is conduct that if done by an adult would constitute unlawful sexual penetration in the…”
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