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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 140

EXPUNCTION OF RECORDS

 

416-140-0000

Purpose

These rules describe the Oregon Youth Authority's (OYA) process for sealing or expunging youth offender records, both manual and electronic, subsequent to a court order.

Stat. Auth.: ORS 420A.025
Stat. Implemented: ORS 419A.262 & 420A.260
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2001 f. & cert. ef. 4-20-01; OYA 23-2005, f. & cert. ef. 10-12-05

416-140-0010

Release of Information

(1)(a) The OYA complies with expunction orders by sealing or marking "expunged" on the records, not by destroying them. The intent of the expunction is not to erase all traces of the OYA's relationship to the individual, but rather to prevent subsequent dissemination of expunged information to third parties.

(b) ORS 419A.260 defines "records" and exceptions from expunction.

(2)(a) Anyone who inquires about a person whose record has been expunged will be told "No record of contacts exists" except when ordered by a court of competent jurisdiction to release the information.

(b) If an expunged record is released, a copy of the court order will be placed in the record, and the following notation placed on the outside of the record: "Expunged records of (youth offender's name) accessed on (date) in compliance with (court order)."

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419A.260 & 419A.262
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2001 f. & cert. ef. 4-20-01; OYA 1-2002, f. & cert. ef. 1-18-02; OYA 23-2005, f. & cert. ef. 10-12-05

416-140-0020

Responsibilities

(1) The Director of the OYA has authorized the Deputy Director or designee to sign and return to the court the Expunction Order Statement.

(2) The OYA will appoint a Central Expunction Coordinator who will coordinate the OYA response to the expunction order, including working with Local Expunction Coordinators, contracts personnel and the trust accountant to ensure that the expunction is carried out within required timelines.

(3) The Superintendent/Camp Director, or designee, of each OYA facility who has responsibility for complying with expunction orders will appoint a Local Expunction Coordinator to ensure that an expunction is carried out within required timelines.

Stat. Auth.: ORS 420A.025
Stat. Implemented: ORS 419A.262 & 420A.260
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2001 f. & cert. ef. 4-20-01; OYA 23-2005, f. & cert. ef. 10-12-05

416-140-0030

Timelines

Within 21 calendar days of the OYA's receipt of an order, the court issuing an expunction order is to receive an OYA Expunction Order Statement certifying the expunction has been completed.

Stat. Auth.: ORS 420A.025
Stat. Implemented: ORS 419A.262 & 420A.260
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2001 f. & cert. ef. 4-20-01; OYA 23-2005, f. & cert. ef. 10-12-05

416-140-0040

Procedures

The Central Expunction Coordinator will log incoming expunction orders and distribute notification forms, when necessary, to the appropriate OYA facility and other staff, and ensure that the expunction process is complete, including but not limited to:

(1) Contracts office records. Contract files related to the subject of the expunction order are sealed;

(2) Electronic records. The Central Expunction Coordinator will ensure information within the Juvenile Justice Information System (JJIS) is sealed.

(3) The Central Expunction Coordinator will notify the court of the case number of any juvenile commitment record with the Department of Human Services (DHS) and request that a court expunction order be sent to DHS as well.

(4) Record storage. The OYA will maintain its expunged records in a locked, secure area as designated by the agency. These records are not maintained by the Oregon State Archivist.

Stat. Auth.: ORS 420A.025
Stat. Implemented: ORS 419A.262 & 420A.260
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2001 f. & cert. ef. 4-20-01; OYA 23-2005, f. & cert. ef. 10-12-05

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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