EXPUNGING JUVENILE CONVICTIONS IN OREGON

Don't Let Mistakes from Your Youth Ruin Your Future

Nobody wants a criminal record, even if they’re from when you were just a kid. A criminal record can limit your job opportunities, make finding a place to live more difficult, and even take away your Second Amendment right to own a gun. More than anything, living with a criminal record just isn’t fair once you’ve paid your debt to society.

When a juvenile is arrested in Oregon, a criminal record is created with the arresting agency. The records are maintained separately from adult records in the Juvenile Justice Information System, which is administered by the Oregon Youth Authority. ORS 419A.255 requires the records to be withheld from public view, with exceptions for certain government agencies, school superintendents and victims. However, other identifying information may not be confidential, including, but not limited to, the juvenile’s name, the parents’ names, the charge, and the time and place of the proceeding.

Thankfully, Oregon law permits the expungement of many juvenile records. If the court grants your expungement, you will be treated as if you were never found guilty, and the court shall issue an order sealing all the records relating to the case. In some circumstances, the records may be destroyed after a few years have gone by.

Our law firm has helped thousands of clients get rid of their criminal records, and we hear success stories from them often. If a criminal record is currently holding you back, keep reading to see if we can help.

This Information Is For You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.

Can You Expunge Your Juvenile Record?

There are two general types of juvenile records:

• Juvenile records that did not result in a conviction.
• Juvenile records that resulted in a conviction.

First, we’ll review requirements for situations where you were not convicted, and then we’ll cover situations where you were convicted.

• 1. Expunging Juvenile Arrest Records

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  The general requirements to expunge a juvenile non-conviction record under Oregon law (ORS 419A.262(5)) are the following:

  • You have reached the age of 18 and
  • You were never found guilty or under the jurisdiction of the court.

• 2. Expunging Juvenile Convictions

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  The general requirements to expunge a juvenile conviction under Oregon law (ORS 419A.262(2)) are the following:

  • You cannot have any pending criminal charges or criminal proceedings, or be under criminal investigation
  • You must have completed all the terms of each of the sentences from your juvenile convictions
  • You cannot set aside one of the prohibited offenses listed below
  • Five years must have elapsed since completing the terms of your most recent sentence, or you are at least 18 years old and
  • You must not have any Class A Misdemeanor or Felony convictions since finishing the sentence for your last offense.

  There are many juvenile offenses that cannot be expunged under current Oregon law, which include the following:

  • Murder or Aggravated murder under ORS 163.115 or 163.095
  • Attempt, solicitation or conspiracy to commit murder or aggravated murder
  • Manslaughter in the first or second degree under ORS 163.118 or 163.125
  • Criminally negligent homicide under ORS 163.145
  • Assault in the first degree under ORS 163.185
  • Criminal mistreatment in the first degree under ORS 163.205
  • Kidnapping in the first degree under ORS 163.235
  • Rape in the first, second, or third degree under ORS 163.375, 163.365, or 163.355
  • Sodomy in the first, second, or third degree under ORS 163.405, 163.395, or 163.385
  • Unlawful sexual penetration in the first or second degree under ORS 163.411 or 163.408
  • Sexual abuse in the first, second, or third degree under ORS 163.427, 163.425, or 163.415
  • Promoting prostitution under ORS 167.012
  • Compelling prostitution under ORS 167.017
  • An attempt to commit a crime listed in this subparagraph other than manslaughter in the second degree and criminally negligent homicide.

• Which Offenses are Ineligible to be Expunged?

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  There are many juvenile offenses that cannot be expunged under current Oregon law, which include the following:

  • Murder or Aggravated murder under ORS 163.115 or 163.095
  • Attempt, solicitation or conspiracy to commit murder or aggravated murder
  • Manslaughter in the first or second degree under ORS 163.118 or 163.125
  • Criminally negligent homicide under ORS 163.145
  • Assault in the first degree under ORS 163.185
  • Criminal mistreatment in the first degree under ORS 163.205
  • Kidnapping in the first degree under ORS 163.235
  • Rape in the first, second, or third degree under ORS 163.375, 163.365, or 163.355
  • Sodomy in the first, second, or third degree under ORS 163.405, 163.395, or 163.385
  • Unlawful sexual penetration in the first or second degree under ORS 163.411 or 163.408
  • Sexual abuse in the first, second, or third degree under ORS 163.427, 163.425, or 163.415
  • Promoting prostitution under ORS 167.012
  • Compelling prostitution under ORS 167.017
  • An attempt to commit a crime listed in this subparagraph other than manslaughter in the second degree and criminally negligent homicide.

Legal Effects of Expunging Your Juvenile Conviction

• How Will Expunging My Juvenile Conviction Help Me Get a Job?

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  Expunging juvenile records is one of the best ways to improve your chances of getting a job with an Oregon juvenile criminal record. Expunging your conviction releases you from the judgment of guilt, allowing you to legally state that you have not been convicted of the set-aside conviction. In many cases, expunged juvenile records are eventually destroyed entirely.

• Will a Juvenile Expungement Restore My Second Amendment Rights?

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  In most cases, yes. Unless there is another reason your firearm rights have been taken away, expunging your juvenile conviction under ORS 419A.262(2) should restore your firearm rights. There isn’t a lot of clear guidance on restoring firearm rights under this section, but most interpretations of the law would suggest it would restore your firearm rights. However, if the court does not recognize this as restoring your firearm rights, a juvenile may also petition the court using the same process that adults use (ORS § 166.274(7)), which is described in greater detail in our Oregon Firearm Rights Restoration page.

What You Need to Do to Get Rid of Your Juvenile Conviction

If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.

Some of the Potential Benefits of Expunging Your Juvenile Criminal Record in Oregon Include:

• Removing a finding of guilt and closing the case on your criminal record to help you get a better job
• Restoring your Second Amendment Rights to own a firearm
• Becoming eligible for professional licenses you previously did not qualify for
• Increased eligibility for student loans, housing assistance, and government programs
• Improving your ability to obtain higher-paying job opportunities
• Improving access and admission to college and other educational resources

We Are Here to Help

Each of Oregon's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Oregon criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Oregon criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Oregon criminal record.