Oregon's juvenile court: the midnight curfew, your lawyer, and clearing your record

Under ORS 419C.680, no minor may be on a street, highway, park, alley, or other public place between 12 midnight and 4 a.m. There are three exceptions: the minor is with a parent, guardian, or an authorized adult 18 or older; the minor is doing a lawful activity that requires being out at that hour, such as getting home from a late shift; or the minor is emancipated (legally treated as an adult by a court). Parents may not allow a minor to break the curfew either.

Cities can pass stricter curfews, and counties can add hours for areas outside city limits. So check your own city's rule as well. If an officer stops you, stay calm, give your name, and explain your reason for being out if one of the exceptions fits.

Oregon's juvenile court has exclusive original jurisdiction (the first and only right to hear the case) over anyone who broke a law while under 18. It can keep supervising a case until the person turns 25.

A case can move to adult court only after a waiver hearing, a hearing where a judge decides whether the case should leave juvenile court. The state can ask for one only if the youth was 15, 16, or 17 at the time and the charge is serious, such as aggravated murder or a Class A or Class B felony. Even then, the judge must find that the youth was mature enough to understand the conduct, and must weigh other factors.

If police take you into custody, Oregon law says they must notify your parent or guardian as soon as practicable and usually release you to that adult, unless there is a warrant or a safety concern.

In re Gault (1967) is the Supreme Court case that gave young people in juvenile court the right to a lawyer, appointed for free if the family cannot pay. Oregon goes further. When the charge is a crime, the court must appoint a lawyer for every stage of the case. A judge cannot accept a youth's choice to go without a lawyer unless the youth is at least 16, has first talked with a lawyer about it, and signs a written waiver with that lawyer at a court hearing.

Oregon calls clearing a record expunction (destroying, sealing, or blacking out the name on records). Under ORS 419A.262, a juvenile court must order it for many records once the person is 18, at least four years have passed since the case ended, and there are no new felony or Class A misdemeanor convictions, no pending cases, and no unpaid restitution. Some serious offenses are excluded, so ask your lawyer which rules fit your case.