Oregon Motion To Seal Juvenile Records

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A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

Oregon Motion to Seal Juvenile Records is a legal process that allows individuals with juvenile records to request for the sealing of their records. This process aims to provide relief to rehabilitated individuals by placing restrictions on the availability and accessibility of their juvenile records. When juvenile records are sealed, they generally cannot be accessed or viewed without a court order. Keywords: Oregon, Motion to Seal Juvenile Records, legal process, individuals, juvenile records, sealing, rehabilitated, availability, accessibility, court order. There are different types of Oregon Motion to Seal Juvenile Records petitions, which include: 1. Automatic Sealing: Under certain conditions outlined in Oregon law, juvenile records are automatically sealed when a specific timeframe has passed or when a particular event occurs. This type of sealing does not require the individual to file a motion or appear in court. 2. Discretionary Sealing: In cases where automatic sealing does not apply, individuals seeking to seal their juvenile records must file a motion with the appropriate court. This motion provides the court with the opportunity to exercise its discretion and determine whether sealing the records is in the best interest of the individual and the public. 3. Expungement: Expungement is a type of sealing that goes beyond simply restricting access to juvenile records. It involves the complete destruction or eradication of the records, as if they never existed. Expungement requires the individual to meet specific criteria and requirements set forth by Oregon law. 4. Limited Access Sealing: Limited access sealing is a type of sealing that restricts access to the juvenile records to only specific parties, such as law enforcement personnel or certain government agencies. This type of sealing may be appropriate in cases where the individual intends to pursue certain careers that require a background check or investigation. In conclusion, the Oregon Motion to Seal Juvenile Records provides a legal avenue for individuals to request the sealing of their juvenile records. Different types of sealing exist, including automatic sealing, discretionary sealing, expungement, and limited access sealing, each with its own criteria and requirements to be met.

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FAQ

In Oregon, you can seal your criminal record if you were arrested but not convicted, or if you were convicted of a misdemeanor that did not result in jail time. You must wait at least two years after the completion of your sentence before you can file for sealing.

The process is not complicated, but it is lengthy. You are not required to hire an attorney for the process of filing a motion to set aside (expunction): ORS 137.225. Court staff is prohibited by law from giving you advice on legal matters, including how to fill out the motion and affidavit.

You cannot expunge any Class A felony in Oregon (except for two special cases). Class A felonies carry a maximum possible penalty of 20 years in state prison. Here are some of the most commonly charged Class A felonies in Oregon: Manslaughter in the first degree.

Clean Slate policies authorize states to automatically seal or expunge qualifying criminal records for people who remain crime-free for a set period. By shifting to a government-initiated record clearance system, up to 300,000 Oregonians could be eligible for record clearance relief.

In Oregon, juvenile records are preserved until the court issues an expungement order. There is a five-year waiting period before the offender can begin the expungement process. However, the offender must have no other convictions or criminal investigations pending.

Eligibility & Timing Changes The previous 10 year look back period has been eliminated. It has been replaced by a new shorter, but more complex, eligibility standard that is based on the the category of crime you want to expunge and the length of time since your last criminal conviction (for any crime).

Your record is eligible to be expunged if: Your conviction, dismissed charge, or record of arrest is for a Class B or C Felony, a Class A, B, or C Misdemeanor, or a violation, but is not one of the ineligible conviction types.

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A youth's record can be expunged, or effectively deleted, if approved by a court. Every agency involved in the youth's case is required to destroy the ... You may apply for your juvenile record to be expunged by contacting the Josephine County Juvenile Department Forms and additional information regarding juvenile ...The “record” that can be expunged includes a fingerprint or photograph file, report, exhibit or other material which contains information relating to a person's ... The form to use depends on if the petition is to expunge an arrest or a conviction. For an arrest, a petitioner may file a Motion and Affidavit to Set Aside ... The process to get your record expunged starts by submitting an Application for Expunction. Expunction is not permissible for some serious offenses. You can ... Whether your juvenile record is expunged automatically or you have to complete ... juvenile dept submits the application for expunction with the Court, Court ... The juvenile department then shall expunge forthwith all records in its possession that are subject to the notice of expunction, except the juvenile department ... Expunction is the destruction or permanent sealing of records and documents so that they are no longer public information. The following juvenile offenses ... In Oregon, there are specific requirements for a record to be eligible to expunge ... Print and carefully fill out and sign the Motion to Set Aside Form. You may ... There is no pending petition in juvenile court that alleges criminal conduct. ... For a complete list of records that cannot be expunged, see ORS 419A.260. NOTE ...

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Oregon Motion To Seal Juvenile Records