I have found when you select Unpublished as the Publish status on the asset picker page side panel it searches for assets that have been deactivated. I would have thought the search should also include assets that have never been published. Do you think this is a bug or an intentional feature?
Query Statement:
/jcr:root/content/dam//element(*, dam:Asset)[not((_x002e_./@hidden = 'true')) and (jcr:contains(jcr:content/metadata/@dc:format, '"image" OR "application/x-ImageSet" OR "application/x-SpinSet" OR "application/x-MixedMediaSet" OR "application/x-CarouselSet"')) and (jcr:contains(., 'sample') and jcr:content/@cq:lastReplicationAction = 'Deactivate')] order by jcr:content/@jcr:lastModified descending