Does adjudication in juvenile court constitute a pending criminal charge when petitioning for expungement in adult court? 1 Answers as of August 17, 2011In Clackamas County, Oregon, my son is currently under supervision in the juvenile court system where a charge was adjudicated. He has charges in adult court that were all dismissed. We are trying to find out if the activity in juvenile court prevents him from eligibility for expungement. The adult court charges were dismissed and the matter was sent to the juvenile court system. I haven't found a local lawyer who can answer this question.
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
The expungement statute prohibits a person who has any pending charges (the language actually used is "crime") to petition to have his record sealed. The answer to your question would depend on what a juvenile adjudication is. If a juvenile charge is a crime, then no expungement, if it is something else, then (putting aside the time limits for eligibility) yes, you can apply for expungement. The problem is that juvenile adjudications are counted as criminal convictions for some purposes (such as calculating a person criminal history for felony guidelines purposes), but not for others (such as impeaching a person testifying in court). I think the problem you have had is that this is not a question that can be easily answered without some research.
Answer Applies to: Oregon