Portland Advocate_1981-09&10

page16 What Is Expunction? @ I The Urban League of Portland NORTHEAST YOUTH SERVICE CENTER The Northeast Youth Service Cen– ter, under the auspices of the Urban League of Portland has outlined below the basic provi– sions 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 destruc– tion 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 judi– cial reasons (law violations) have Juvenile Court and police records. If the youth never has con– tact 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 des– troyed: 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 expunc– tion in these cases. A youth in the above situa– tion 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 con– victed of a Felony or Class A misdemeanor in that time on probation. --- -.- ... - ........ .,.,.... - .... _,.. - .... _....., 3) No criminal or Juvenile Court proceedings are pend– ing. Immediate Expunction Because most juveniles re– ferred to a Youth Service Center do not have court peti– tions 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 juveni– le terminology for arrest. If you are ever stopped by a police officer and questioned about previous arrests ·or con– tacts with the law, it is in The Oregon Statute that allows for this procedure is ORS 419.815, which states ex– punction 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 in– formation regarding being taken into custody. Applications for expunction can be picked up at the Juven– ile Court or the Youth Service Center. If the youth is apply– ing for expunction after two years, the application is self– explanatory 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 com– munity service/restritution through the Youth Service Center. 3) Have the application notari– zed 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 de– stroys all files one year after closing. What if expunction is denied? Youth have the right to legal representation during the ex– punction process. If the juvenile cannot afford an attor– ney and the procedure is contes– ted, the youth has a statutory right (ORS 419.825) to a court appointed attorney. IMPORTANT Regardless of whether expunc– tion takes place immediately, after a period of two years, or when the youth turns 18, the juvenile should not assume that expunction occurred automati– cally. 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 \ - . - .. . ~ .. "-· .. . .. .. . ...