Or. Rev. Stat. § 419A.261
Application for expunction of records relating to contact, violations and certain misdemeanors and felonies; eligibility; denial; notice to victim; judgment
419A.261 Application for expunction of records relating to contact, violations and certain misdemeanors and felonies; eligibility; denial; notice to victim; judgment. (1)(a) An expunction proceeding under subsection (2) of this section shall be commenced in the county where the subject person had the most recent contact.
(b) An expunction proceeding under subsection (3) or (4) of this section shall be commenced in the county where the subject person had the most recent adjudication.
(2)(a) A juvenile department shall file with the juvenile court an application for expunction of the records of a person the juvenile department determines meets the criteria under paragraph (b) of this subsection within 90 days following:
(A) The date that the person attains 18 years of age; or
(B) If the subject person was 18 years of age or older on January 2, 2022, the date that the juvenile department receives a request to file the application for expunction from the subject person.
(b) Upon application of either a person who is the subject of a record or a juvenile department, the juvenile court shall issue a judgment granting expunction, without a hearing, if:
(A) The subject person has attained 18 years of age;
(B) The subject person had contact with the juvenile department;
(C) The subject person has never been found to be within the jurisdiction of the juvenile court under ORS 419C.005;
(D) There is no petition pending alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005;
(E) The subject person has not been waived to criminal court pursuant to a hearing under ORS 419C.349 or 419C.352 unless the waiver did not result in a conviction or resulted in a conviction that has been set aside;
(F) The subject person does not have an open referral for a case by informal means; and
(G) The subject person has not had contact with the juvenile department resulting in a conviction under ORS 137.707 unless the conviction has been set aside.
(3)(a) A juvenile department shall file with the juvenile court an application for expunction of the records of a person the juvenile department determines meets the criteria under paragraph (c) of this subsection within 90 days following the later of:
(A) The date that the person attains 18 years of age;
(B) The date of the person’s termination if the person was within the jurisdiction of the juvenile court under ORS 419C.005 on their 18th birthday; or
(C) If the subject person was 18 years of age or older on January 1, 2024, the date the juvenile department receives a request to file the application for expunction from the subject person.
(b) If records of an adjudication that occurred before January 1, 2024, are eligible for expunction under this subsection, the juvenile department shall make a reasonable effort to notify the victim when an application for expunction is filed under this subsection.
(c) Upon application of either a person who is the subject of a record or a juvenile department, the juvenile court shall issue a judgment granting expunction, without a hearing, if:
(A) The subject person has attained 18 years of age;
(B) The subject person is not currently within the jurisdiction of the juvenile court under ORS 419C.005;
(C) The subject person had contact with the juvenile department that resulted in the subject person being found to be within the jurisdiction of the juvenile court under ORS 419C.005 for acts that, if committed by an adult, would constitute one or more violations or misdemeanors other than misdemeanors involving violence;
(D) The subject person has not been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act that, if committed by an adult, would constitute a felony unless, if the felony is not an offense listed in ORS 419A.260 (1)(e)(J), the court modified the order of jurisdiction under ORS 419C.610 to reflect that the act, if committed by an adult, would constitute a misdemeanor;
(E) There is no petition pending alleging that the subject person is subject to the juvenile court’s jurisdiction under ORS 419C.005;
(F) The subject person does not owe restitution;
(G) The subject person has not had contact with the juvenile department resulting in a conviction under ORS 137.707 unless the conviction has been set aside; and
(H) The subject person has not been waived to criminal court pursuant to a hearing under ORS 419C.349 or 419C.352 unless the waiver did not result in a conviction or resulted in a conviction that has been set aside.
(4)(a) A juvenile department shall file with the juvenile court an application for expunction of the records of a person the juvenile department determines meets the criteria under paragraph (d) of this subsection within 90 days following the later of:
(A) Four years after the person’s most recent termination;
(B) The date the person attains 18 years of age; or
(C) If the subject person was 18 years of age or older on January 1, 2026, the date the juvenile department receives a request to file the application for expunction from the subject person.
(b)(A) The juvenile department or, if the application is filed by the subject person, the subject person shall serve a copy of the application on the district attorney in the county in which the expunction proceeding is commenced. Not later than 30 days after service, the district attorney may file with the court a written objection if the district attorney reasonably believes that the subject person does not meet the criteria under paragraph (d) of this subsection. The objection must state which criteria the district attorney asserts the subject person does not meet.
(B) If records of an adjudication that occurred before January 1, 2026, are eligible for expunction under this subsection, the juvenile department shall make a reasonable effort to notify the victim when an application for expunction is filed under this subsection.
(c)(A) A juvenile department may not file an application for expunction under paragraph (a)(A) or (B) of this subsection if the subject person was found to be within the jurisdiction of the juvenile court under ORS 419C.005 for acts that, if committed by an adult, would constitute:
(i) Arson in the first degree under ORS 164.325 (1)(a)(B) or (C);
(ii) Robbery in the first degree under ORS 164.415;
(iii) Robbery in the second degree under ORS 164.405;
(iv) Assault in the second degree under ORS 163.175;
(v) Kidnapping in the second degree under ORS 163.225; or
(vi) Using a child in a display of sexually explicit conduct under ORS 163.670.
(B) Nothing in this paragraph prohibits the subject person under paragraph (a)(C) of this subsection or a subject person from filing an application for expunction under ORS 419A.262.
(d) Not later than 60 days following the filing of an application for expunction by either a person who is the subject of a record or a juvenile department, the juvenile court shall issue a judgment granting expunction, without a hearing, if:
(A) Four years have passed since the date of the subject person’s most recent termination and the subject person has attained 18 years of age;
(B) The subject person had contact with the juvenile department that resulted in the subject person being found to be within the jurisdiction of the juvenile court under ORS 419C.005 for acts that, if committed by an adult, would constitute one or more misdemeanors involving violence or one or more felonies;
(C) Since the date of the most recent termination, the person has not been convicted of a felony or a Class A misdemeanor that has not been set aside;
(D) No proceedings seeking a criminal conviction or an adjudication in a juvenile court are pending against the person;
(E) The person is not within the jurisdiction of any juvenile court on the basis of a petition alleging an act or behavior described in ORS 419B.100 (1)(a) to (c) and (f) or 419C.005;
(F) The juvenile department is not aware of any pending investigation of the conduct of the person by any law enforcement agency;
(G) The subject person does not owe restitution;
(H) The subject person has not had contact with the juvenile department resulting in a conviction under ORS 137.707 that has not been set aside under ORS 137.221, 137.223 or 137.225; and
(I) The subject person has not been waived to criminal court pursuant to a hearing under ORS 419C.349 or 419C.352 resulting in a conviction that has not been set aside under ORS 137.221, 137.223 or 137.225.
(5) If the juvenile court denies the application for expunction under this section:
(a) The court must specify in the judgment denying the application for expunction the reason for the denial;
(b) The juvenile department or the subject person may file a new application for expunction under this subsection; and
(c) If the juvenile department submitted the application that was denied, the juvenile department shall make reasonable efforts to send to the subject person the following:
(A) Notice of the court’s decision and a copy of the judgment denying the application for expunction; and
(B) Notice of the person’s right to an attorney, right to file a new application for expunction under this subsection and right to request expunction under ORS 419A.262.
(6)(a) When an expunction proceeding under this section is commenced by application of the person whose records are to be expunged, the person shall set forth as part of the application the names of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that the person has reason to believe possess an expungible record of the person. The juvenile department shall provide the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records.
(b) When an expunction proceeding under this section is commenced by application of the juvenile department, the application shall set forth the names and addresses of the juvenile courts, juvenile departments, institutions and law enforcement and other agencies that a reasonable search of department files indicates have expungible records and those provided by the subject person.
(7)(a) The juvenile court or juvenile department shall send a copy of an expunction judgment entered under this section to each agency subject to the judgment. Attached to the expunction judgment must be information, to remain confidential, regarding the record to be expunged and the date of the record.
(b) Upon receipt of a copy of the judgment, the agency shall comply and, within 60 days following the date of receipt, return the copy to the juvenile court or the juvenile department with an indorsement indicating compliance.
(c) The juvenile department may, upon an agency’s written request, provide the agency with an extension of time to comply with paragraph (b) of this subsection. The duration of the extension may not exceed the later of 30 days or, if an audit or grievance under the Interstate Compact for Juveniles relating to the subject person’s records is pending, the date the audit or grievance is concluded. If the juvenile department grants an extension under this paragraph, the juvenile department shall notify the juvenile court of the extension.
(8) When all agencies subject to an expunction judgment have indicated their compliance or in any event no later than the later of 90 days following the date the judgment was delivered as required by subsection (7) of this section or, if the juvenile department granted an extension of time under subsection (7)(c) of this section, 30 days following the expiration of the extension of time, the juvenile court shall provide the person who is the subject of the record with a copy of the expunction judgment, a list of complying and noncomplying agencies, and a written notice of rights and effects of expunction. The juvenile court and juvenile department then shall expunge forthwith all records which they possess and which are subject to the judgment, except the original expunction judgment and the list of complying and noncomplying agencies which must be preserved under seal.
(9) In addition to those agencies identified in ORS 419A.260 (1)(e), the juvenile, circuit, municipal and justice courts, and the district and city attorneys of this state, are bound by an expunction judgment of any juvenile court of appropriate jurisdiction in this state issuing an expunction judgment. [2023 c.182 §2; 2025 c.487 §1]
Note: Section 10 (1), chapter 487, Oregon Laws 2025, provides:
Sec. 10. (1) The amendments to ORS 419A.261 (4) by section 1 of this 2025 Act apply to the expunction of records created on or after January 1, 2026. [2025 c.487 §10(1)]