Oregon Statutes 419A.269 – Effect of expunction; confidentiality violations; penalties
(1) Upon issuance of a notice of expunction under ORS § 419A.267 or entry of an expunction judgment under ORS § 419A.261 or 419A.262, the contact that is the subject of the expunged record may not be disclosed by any agency. An agency that is subject to a notice of expunction or an expunction judgment shall respond to any inquiry about the contact by indicating that no record or reference concerning the contact exists.
Terms Used In Oregon Statutes 419A.269
- Court: means the juvenile court. See Oregon Statutes 419A.004
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Human Services. See Oregon Statutes 419A.004
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Records: means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case. See Oregon Statutes 419A.004
(2) A person who is the subject of a record that has been expunged under ORS § 419A.261, 419A.262 or 419A.267 may assert that the record never existed and that the contact that was the subject of the record never occurred without incurring a penalty for perjury or false swearing under the laws of this state.
(3)(a) The juvenile department may destroy any records in the juvenile department’s possession relating to the subject person’s contact under ORS § 419B.100 if the records are duplicate copies of records maintained by the Department of Human Services. The destruction of records related to the subject person’s contact under ORS § 419B.100 pursuant to this paragraph does not constitute expunction.
(b) The juvenile department may destroy any records in the juvenile department’s possession relating to the subject person’s record of a motor vehicle, boating or game violation waived to the criminal or municipal court pursuant to ORS § 419C.370. The destruction of records related to the subject person’s record of a motor vehicle, boating or game violation pursuant to this paragraph does not constitute expunction.
(4) Juvenile courts, by court rule or by order related to a particular matter, may direct that records concerning a subject person be destroyed. No records may be destroyed until at least three years have elapsed after the date of the subject’s most recent termination. In the event the record has been expunged, the expunction judgment and list of complying and noncomplying agencies may not be destroyed, but shall be preserved under seal. The destruction of records under this subsection does not constitute expunction.
(5) A notice of expunction or an expunction judgment and the list of complying and noncomplying agencies shall be disclosed only on order of the court that would have had jurisdiction to compel compliance with the notice of expunction or that originated the expunction judgment, based on a finding that review of a particular case furthers compliance with the expunction provisions of ORS § 419A.260 to 419A.271.
(6) A person who, in the person’s official capacity with a juvenile department, sends a notice of expunction for an ineligible individual or fails to send a notice of expunction for an eligible individual under ORS § 419A.267 has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure or failing to make the disclosure, except when the person who sends the notice has knowledge that the individual is ineligible or when the person who fails to send the notice has knowledge that the individual is eligible.
(7) A person subject to a notice of expunction or expunction judgment has a right of action against any person who intentionally violates the confidentiality provisions of this section. In the proceeding, punitive damages up to an amount of $1,000 may be sought in addition to any actual damages. The prevailing party shall be entitled to costs and reasonable attorney fees.
(8) Intentional violation of the confidentiality provisions of this section by a public employee is cause for dismissal.
(9) A person who releases all or part of an expunged record commits a Class A violation. [2021 c.585 § 3; 2023 c.182 § 7]