How long until my son's juvenile record can be expunged?

Full question:

My son was tried as a Junvenile, in Jefferson County, and entered into a plea bargain that if he did good on his probabtion, everything would be go away. He was accused of raping a girl, who was 14 and he was barely 16 at the time. He did not have sex ual intercourse with this girl.... but did have consensual oral sex. He was on house arrest for so long that he couldn't stand it anymore. So he took a plea, instead of going to court with his case, and was then placed back under house arrest for the probation period. Anyway, the question is this? How long do we have to wait to see if the courts will allow expungement of his record? When the judge revoked his probabtion because he wasnt obeying everything....he said it would only be a few years, but his says 5. Also I was told by 1 lawyer that he didn't know if his record could be expunged or not? My son is now 21, and this happened when he was 16. Also, he was on house arrest for a year and a half, it was crazy....and the Junvenile dept sent a letter releasing him off Sept/2009. He is not a sex offender and yet has now had to file as one. I was told back then that we could get his record expunged, but now I am scared as this one lawyer said he is not sure John's record can be expunged. There is so much too this, I wish I could do it all over again and go to trial. John had witnesses there with hm and everything, he just got worned down by the house arrest. The Junvenile dept wouldn't even let him leave our house with us, his parents. It was crazy. My son's name is John E Moore DOB 5-4-1990.

• Category: Criminal
• Subcategory: Expungement of Criminal Records
• Date: 04/07/2025
• State: Oregon

Answer:

In Oregon, juvenile records can be expunged under certain conditions. The court may order expungement if it finds that doing so is in the best interests of the individual and the public (O.S. § 419A.262). To qualify for expungement, the following conditions must be met:

• At least five years must have passed since the most recent termination of the case.
• The individual has not been convicted of a felony or a Class A misdemeanor during that time.
• No pending proceedings for a criminal conviction or juvenile adjudication exist.
• The individual is not currently under the jurisdiction of any juvenile court for specific allegations.
• No pending investigations by law enforcement agencies are known to the juvenile department.

When a person reaches eighteen, the juvenile court may order expungement if they have never been found under the court's jurisdiction or if the above conditions are met. Additionally, the court can expunge records if it serves the interests of justice.

To initiate the expungement process, the individual or the juvenile department must apply in the county where the person resided during the most recent termination. The application must include the names of any relevant juvenile courts, departments, and law enforcement agencies that may hold records. The district attorney must be notified, and they have thirty days to object. If there are objections, a hearing will be held.

Since your son is now twenty-one, he can take steps to apply for expungement if the conditions are met. It may be beneficial to consult with a lawyer who specializes in juvenile law to navigate this process effectively.