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Linn County Juvenile Department


EXPUNCTION



   In Linn County, you are required to pay all fees, fines and restitution

in full before you can apply for expunction of your juvenile record.



   Expunction of juvenile records is not automatic. The person in question must complete an application for expunction of their juvenile record(s). There is no cost to file an application for expunction of your juvenile record. If you are eligible, the application is reviewed by the Director of the Juvenile Department, as well as the District Attorney to make sure it meets the qualifications for expunction. Also, any victim(s) of the alleged behavior in question, may be notified of the pending application for expunction.


   In Linn County, this process can take 60-90 days. The court will send you a copy of the signed expunction order if approved, so it is imperative that you keep your mailing address updated with the Linn County Circuit Court. If the court approves your application for expunction, other juvenile departments, police agencies, the Oregon Youth Authority, and our department are then required to remove or seal your record. If anyone asks about your record after expunction, the agency must tell them that no such record exists.


   Most records may be expunged after five ( 5 ) years following the date of case closure with the    Juvenile Department’s legal involvement if;



   If you are 18 years or older and were never found to be within the jurisdiction of the court ( EG: were handled on an “informal” basis by the juvenile department and the court was never involved ), or expunction of the record is in the best interests of both the person and the public, the court may approve expunction of the record in question.


   Please note: There are some records that cannot be expunged according to Oregon Statute ( ORS 419C.005 );



“Expunction” means the “..removal and destruction or sealing of a judgment or order related to contact..” ORS 419A.260


“Jurisdiction” means when a judge decides that you committed an act, ( that if you were an adult, could be considered a crime ), you are then found to be “within the jurisdiction of the court”. This is similar to the term “conviction” in the adult criminal justice system. ORS 419C.005


“Adjudication” means a court hearing where a Judge finds a youth responsible for committing a crime. The decision is made either because the youth admits to a charge, or is found responsible by a Judge through a court trial.


“Contact” means when any instance of a juvenile’s alleged behavior comes to the attention of any law enforcement agency or juvenile court, or juvenile department.


Please contact an attorney for further information or if you have questions.



Application for Expunction