(2) A person who is the subject of a record that has been expunged under ORS 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) Upon the juvenile department’s expunction of a subject person’s records under ORS 419A.262 or 419A.267, 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 subsection 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]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419A - Juvenile Code: General Provisions and Definitions
Section 419A.004 - Definitions.
Section 419A.010 - Appointment of counselors and director; juvenile director oversight committee.
Section 419A.012 - Duties of director or counselor.
Section 419A.014 - Reports by juvenile department.
Section 419A.015 - Reports to school administrators concerning adjudicated youths on probation.
Section 419A.020 - County responsibility for expenses of juvenile department.
Section 419A.050 - Authority to acquire, equip and maintain detention and shelter facilities.
Section 419A.052 - Specifications of facilities.
Section 419A.055 - Examination of facilities; capacity limits; standards for release; notice.
Section 419A.057 - Payment of maintenance expenses; admission of adjudicated youths.
Section 419A.059 - Designation of detention and shelter facilities.
Section 419A.063 - Requirements for detention facilities.
Section 419A.092 - Membership; training.
Section 419A.096 - Duties of Judicial Department in administering boards.
Section 419A.100 - Confidentiality of information; penalty.
Section 419A.102 - Access to confidential information by boards; procedure.
Section 419A.106 - Review of cases generally.
Section 419A.107 - Review of cases of adjudicated youths.
Section 419A.108 - Procedure for conflicts of interest.
Section 419A.109 - Review of cases of wards for whom guardian has been appointed; rules.
Section 419A.110 - Immunity of participants in case review.
Section 419A.112 - Disclosure of information to participants in case review; confidentiality.
Section 419A.114 - When presence of agency personnel at board hearings required.
Section 419A.116 - Findings and recommendations; judicial review.
Section 419A.118 - Records; disclosure of findings and recommendations.
Section 419A.120 - Court use of findings and recommendations.
Section 419A.122 - Use of findings and recommendations by Department of Human Services.
Section 419A.128 - State Citizen Review Board Operating Account.
Section 419A.150 - Appointment; qualifications; hearings; orders; rehearings.
Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.
Section 419A.209 - Joint motion to vacate judgment or order; appeal after reconsideration.
Section 419A.211 - Appointment of counsel.
Section 419A.240 - Use of restraints during juvenile court proceedings.
Section 419A.245 - Use of restraints during transport.
Section 419A.252 - Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256.
Section 419A.255 - Maintenance; disclosure; exceptions to confidentiality.
Section 419A.258 - Motion to inspect or copy records.
Section 419A.260 - Expunction; definitions.
Section 419A.262 - Expunction proceeding; notice to victim.
Section 419A.267 - Notice of expunction; forms.
Section 419A.269 - Effect of expunction; confidentiality violations; penalties.
Section 419A.271 - Appointment of counsel.
Section 419A.300 - Reports to school districts concerning young persons on conditional release.