Marion County Juvenile Department Expunction Information
What Is An Expunction?
The expunction process eliminates records of your contact with the police agencies and the Marion County Juvenile Department. If the court approves your application, police agencies, the department and the court are required to remove your record. In addition, if people ask the department about your record, the department must tell them that you do not have one. The court will give you a copy of the expunction 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.
How Do I Qualify For Expunction?
In order to qualify for expunction, you must meet the following criteria:
You are
NOT allowed to expunge these types of records:
Records in which you were found within the jurisdiction of the court for any of the following acts: Aggravated Murder; 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; Kidnapping in the first degree; Rape or Sodomy in the first, second or third 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; or an Attempt to commit any of the above.
Department of Transportation (MVD) 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.
Other records may be expunged if you meet at least ONE of the following three categories:
You were previously in jurisdiction, but you now meet ALL FIVE of the below:
i. Five years have passed since your most recent termination;
ii. Since termination, you have not been convicted of a new crime;
iii. You are not the subject of a pending juvenile or criminal court proceeding;
iv. You are not currently within the jurisdiction of any juvenile court; and,
v. You are not the subject of a pending police criminal investigation.
You are over 18 and were never within the jurisdiction of the court; or
Expunging your record is in the best interests of both you and the public.
How Do I Apply For Expunction?
You may submit an application to the court that most recently handled your case. The application form is available at the Juvenile Department and there is no fee to apply.
What Happens To My Application?
After submission, the District Attorney (DA) reviews your application to make sure it meets one of the qualifications listed above. Additionally, any victim(s) of the contact(s) may be notified of the pending application. If the DA agrees that you qualify for expunction, the DA will tell the court that the DA does not object to your application. The court may then grant your application without a hearing.
If the DA does not think that you qualify for expunction, the DA will tell the court that they object to your application. The DA will send you a copy of that objection. Even though the DA objects, you have the right to request a hearing in front of a judge. At the hearing you have the right to have an attorney represent you. If you cannot afford to hire your own attorney, you have the right to have an attorney appointed for you by the court.
What Happens At An Expunction Hearing?
A judge will listen to the reason that the DA believes you do not qualify for expunction. You may then tell the judge why you believe that you qualify for expunction for one of the three reasons listed in section two above. It is the responsibility of the DA to prove you do not qualify for expunction. The judge will decide if your records should be expunged.
What Do These Terms Mean?
Best Interests - the reason you give for removing your record benefits BOTH you and the community.
Contact - when you act in a way that a court could find you within its jurisdiction. This is normally when the police speak with you about something that you did that could be against the law.
Crime - only as used here, the term crime means a felony or Class A misdemeanor
Jurisdiction - when a judge decides that you did something that would have been a crime if you were an adult, you are found to be “within the jurisdiction of the court.” This is similar to the adult term “conviction.” In juvenile justice, this normally means you were placed on probation through the juvenile department or committed to the Oregon Youth Authority.
Never within the jurisdiction - even though you had contact with police or the juvenile department, you were never found in jurisdiction. This normally occurs when you attend peer court, go through diversion, are on informal probation, or the charges against you are either never filed or were dropped.
Termination - after you are found in jurisdiction and either the maximum time period elapses or your probation officer asks for your case to be closed, the court can order your jurisdiction terminated. This is usually when you finish probation or parole. Your most recent termination is when you last finished probation or parole. The juvenile department can help you determine this date.
Legal Note:
This page is for informational purpose only and not intended to be legal advice. If you want legal advice regarding your expunction, you should contact your own attorney or ask the court to appoint an attorney for you.
Expunction Forms
When applying to have a juvenile record expunged, complete the attached form and mail to:
Marion County Juvenile Department
Attention: Records
2960 Center St NE
Salem, OR 97301
Application for Expunction (PDF)
