Expunge a Record

What is expungement?

A youth’s record can be expunged, or effectively deleted, if approved by a court. Every agency involved in the youth’s case is required to destroy the record. If people ask OYA about the youth’s record, then we must tell them that there isn’t one.

The court will give the involved youth a copy of the expungement order and a list of the agencies that have complied with that order. Once you receive that order, you are legally permitted to say the juvenile record never existed and the contact never occurred.

Who qualifies for expungement?

To qualify for expungement, you must meet at least ONE of the following six categories:

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.
You were previously under the jurisdiction of the court, but you now meet ALL FIVE of the following:

Four years have passed since your case was terminated.
You do not owe any restitution.
Since termination, you have not been convicted of a new crime.
You are not the subject of a pending juvenile or criminal court proceeding.
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 court for a misdemeanor or violation, but you now meet ALL SIX of the following:

You are at least 18 years of age.
You were never under the jurisdiction of the court for a felony.
There is no pending petition in juvenile court for criminal conduct.
You did not have contact with the juvenile department resulting in a conviction under ORS 137.707.
You were not waived to criminal court after a waiver hearing as described in ORS 419C.349 or 419C.352.
You do not owe any restitution.

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.

You are NOT allowed to expunge these types of records:

Records in which you were found within the jurisdiction of the court for certain serious violent or sexual crimes.
Department of Transportation records
State Marine Board records
State Fish and Wildlife Commission records
Blood or buccal samples, other physical evidence, and identification information kept by Oregon State Police.
Transcript of Youth Corrections Education Program (schools located in a youth correctional facility)
Medical records

How do I get my record expunged?

Because the expungement laws are complex, talk to an attorney or the juvenile department in the county where your case was adjudicated if you think you qualify for expungement.

Learn more about what expunging your record means and what you can do next.

OYA can only expunge records for youth committed to the Oregon Youth Authority. All expunction processes start with the local court. OYA cannot initiate an expunction for you.

For those with an adjudication out of a juvenile court: please contact the county juvenile department to initiate an expunction.

For those with a conviction in adult court: You can motion the court to set aside the conviction in certain situations (ORS 137.225). You can find information and forms on the State of Oregon Circuit Court website.

If you wish to consult an attorney, you can call the Oregon State Bar Lawyer Referral Services at 503-684-3763 (outside the Portland area: 1-800-452-7636).

For counties or courts that need OYA to expunge records please send orders, letters and questions to OYAExpunctions@oya.oregon.gov. General expunction inquiries can also go to that email.

Need help with expungement?

Youth, Rights & Justice and Lewis & Clark Law School's Criminal Justice Reform Clinic provide assistance to individuals with records for all counties in Oregon. Visit their website to learn more.

Resources

All About Expunction
A guide for young people with juvenile records

Información completa sobre la
supresión de antecedentes penales

Una guía para jóvenes con historial de delincuencia juvenil