A number of states in the country automatically seal or expunge certain types of juvenile offense records at the conclusion of court proceedings or once the juvenile offender has reached a certain age. Unfortunately, Oregon is not one of these states. The overwhelming majority of juvenile convictions are eligible to be expunged once the offender reaches 18 years of age, but expungement must be petitioned for, and a formal hearing may be necessary.
Can My Juvenile Delinquent Record Be Used Against Me?
Like all arrests and convictions, juvenile offender records are generally part of the public record. A lot of people are under the impression that their juvenile records are expunged once they turn 18, and cannot be discovered or used to disqualify them for jobs, apartments or licenses, but sadly this is simply not the case. Not only are juvenile records not confidential, they can be used against a person in future court proceedings unless they are proactively expunged.
Thankfully, juvenile expungement law is extremely generous, and generally favors the clearing up of juvenile records.
Can My Request For Juvenile Expungement Be Denied?
While there are no court fees involved in this process, there is a five-year waiting period providing the person has no subsequent felony convictions or Class A misdemeanors. Juvenile records are not eligible for expungement if there are criminal charges pending against the petitioner. Sex crimes, certain felonies, and crimes involving children or child abuse are also ineligible for expungement, though it is possible for juvenile sex offenders to have their name removed from the sex offender list. Depending on the offense, set aside and sealing may still be possible even if the juvenile offense is ineligible for expungement. All motions must be filed with the juvenile court where the arrest or adjudication records reside.
If you have any questions about Juvenile Expungement or Rights Restoration, contact Lohrke Law to set up a free consultation with an attorney.
This Information is not Legal Advice
The information provided here is not intended to be a substitute for one’s own legal research or the advice of a qualified criminal defense lawyer. Laws and the interpretation of those laws are subject to change at any time, so what was applicable one day may be completely different the next. Legally, each individual case is different and a legal strategy used for one defendant may not be the best course of action for another. Contact an experienced rights restoration lawyer to discuss and understand your particular legal situation.