page16 What Is Expunction? @ I The Urban League of Portland NORTHEAST YOUTH SERVICE CENTER The Northeast Youth Service Center, under the auspices of the Urban League of Portland has outlined below the basic provisions of expunction~ Expunction is a term that eaeh of us should be familiar with. Knowing your ~ights as they apply to expunction can mean the difference between a criminal record and none at all. FACT SHEET ON EXPUNCTION What is Expunction? Expunction is the destruction of records. These records can include the Juvenile Court, Police Department, Children's Services Division, and other agencies. Records All youth referred to the Youth Service Center for judicial reasons (law violations) have Juvenile Court and police records. If the youth never has contact with the Juvenile Cou.rt (never appears in front of a judge or placed on probation), his/her Juvenile Court record and Police record will be destroyed: 1) Automatically when the youth turns 18 years old, or 2) Before the age of 18 if the youth petitions (requests in writing) the Juvenile Court. Expunction after two years' Expunction is most often granted to youth who apply two years after the incident. Youth who are ~eferred to the Youth Service Center and later to the Court, or youth originally dealt with by the Juvenile Court, MUST petition to have their records destroyed. There is no automatic expunction in these cases. A youth in the above situation may apply to the Court to have all records destroyed if the following conditions are met: 1) Two years have passed since the date of the incident or most recent termination of probation with the Court. 2) The youth has not been convicted of a Felony or Class A misdemeanor in that time on probation. --- -.-... -........ .,.,.... -.... _,.. - .... _....., 3) No criminal or Juvenile Court proceedings are pending. Immediate Expunction Because most juveniles referred to a Youth Service Center do not have court petitions filed on them and do not come within the jurisdiction of the Juvenile Court, they can petition the Court to~ave their Court and police records destroyed immediately. expunction has been granted, he/she should phone the Court (248-3460) and check on the status of his/her records. Once expunction is granted, the youth may legally claim that his her record never existed and the contact never occurred. Have you ever been arrested? In legal terminology, youth are taken into "temporary custody." Temporary custody is the juvenile terminology for arrest. If you are ever stopped by a police officer and questioned about previous arrests ·or contacts with the law, it is in The Oregon Statute that allows for this procedure is ORS 419.815, which states expunction can be ordered if to do so is in the best interest of the youth and public. How to apply for expunction ~ your best interest to provide the officer with all prior information regarding being taken into custody. Applications for expunction can be picked up at the Juvenile Court or the Youth Service Center. If the youth is applying for expunction after two years, the application is selfexplanatory and easy to complete. If the youth ·is applying for immediate expunction, he/she should: If you are dealt with by a Youth Service Center, and never found guilty of a crime in court, you can say you have never been convicted of a crime. Many employers will request record information on job applications. An employer may ask you questions only related to convictions, not 'arrests 1) Circle letter E under sectionwhen there was no conviction. 7 of the form, which indicate the youth is requesting For further information call: special consideration. 2) Write a letter to the Court stating that he/she feels that it is in his/her best interest to have his/her records destroyed and mention that he/she completed community service/restritution through the Youth Service Center. 3) Have the application notarized at the Youth Service Center or Juvenile Court. The applicant should list the police, Juvenile Court, Criss, and any other agency having copies of legal records in his/ her request for expunction. The Youth Service Center destroys all files one year after closing. What if expunction is denied? Youth have the right to legal representation during the expunction process. If the juvenile cannot afford an attorney and the procedure is contested, the youth has a statutory right (ORS 419.825) to a court appointed attorney. IMPORTANT Regardless of whether expunction takes place immediately, after a period of two years, or when the youth turns 18, the juvenile should not assume that expunction occurred automatically. If the youth does not receive a letter from the Court stating . Northeast Youth Service Center 288-6708 J!\NICE P.ART OPERI\lti N. YOUNG'S STEEl FABRICATION CO•• INC. (1503) 287-0444 <@NYFAB~ 2330 N.E. COLUMBIA BlVD. PORTlAND, OREGON 97211 NATE YOUNG/ JIM MAYES Ptelident Secretary /TrMaurer BLACK EDUCATIONAL CENTER 4919 N.l:. 17th Avenue Portland. Oregon 97211 503 I 2·84-9552 ''Moving Together' 1 \ - . - .. . ~ .. "-· .. . .. .. . ...
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