Oklahoma Administrative Code
Title 375 - Oklahoma State Bureau of Investiation
Chapter 9 - Oklahoma Open Records
Subchapter 1 - Criminal History Records
Section 375:9-1-1.1 - Definitions
Current through Vol. 42, No. 1, September 16, 2024
The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly states otherwise:
"Arrears" means money which is owed but left unpaid until a future date.
"Bureau" means the Oklahoma State Bureau of Investigation.
"CHIRP" means the Criminal History Information Request Portal, the OSBI's online system for members of the public to request criminal history record checks.
"Commercial purpose" means for purposes of employment, licensing (including Self-Defense Act), adoption, foster parenting, child care, insurance, workers compensation claims, tenancy requirements, civil law suit, and any criminal history record check mandated by law.
"Criminal history record" means the "rap sheet" form prepared by the OSBI containing a chronological history of individuals arrests, charges and the dispositions of same within the state of Oklahoma including "rap-back information" as determined appropriate and necessary by the OSBI. OSBI criminal history records do list an individual's national arrest status.
"Criminal justice agency" means an agency which is a governmental agency which meets the definition of a criminal justice agency as contained in the Department of Justice Regulation on Criminal Justice Information Systems (title 28, CFR, Part 20, Subpart A), which defines criminal justice agency as "(c)(1) courts; (2) a governmental agency or any subunit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice ("allocates a substantial portion" has been interpreted to mean more than 50% by the originator of Regulations. State and Federal Inspector General offices are included.) (d) The administration of criminal justice means performance by any of the following activities; detection, apprehension, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collections, storage, and dissemination of criminal history record information."
"Director" means the Director of the Oklahoma State Bureau of Investigation.
"Non-reportable offense" means offenses which are not recorded in criminal history records, adapted from the list of FBI non-serious offenses. Other misdemeanor and municipal offenses may also qualify as non-serious. See offenses exempted definition. Non-reportable offenses include:
(A) Allow minor in bar; AWOL; (unless referred to District Court);
(B) Body attachments;Bond (surrender, increase, exoneration, or revocation);
(C) Careless or reckless driving (As long as under influence of drugs or liquor, hit and run, vehicular manslaughter; involuntary manslaughter NOT involved); Civil commitment; Curfew violation;
(D) Disobeying lawful order; Disturbance; Disturbing the peace' Dog laws; Driving while license suspended or revoked; Drunk; (non-traffic charge); Drug Court sanction/District Court sanction;
(E) Ex-convict registration;
(F) Failure to pay child support warrant; false fire alarm; fighting; fireworks; fishing without a license; for identification purposes only;
(G) Failure to yield for emergency vehicle (blue light or siren); Felony registration;
(H) General principals; Going through red light;
(I) Hold (In-State, Federal, and Tribal ONLY); Hunting without a license;
(J) Investigation (unaccompanied by criterion charge); Investigation (accompanied by criterion charge); Investigation mental; jaywalking; juvenile commitment (mental);
(K) Littering; Loitering;
(L) Material witness; Mental/Lunacy; Minor in bar; Minor attempting to buy beer/liquor; Minor in consumption; Minor in gambling house; Minor in possession of alcohol/beer; Minor in possession of tobacco;
(M) No driver's license (operating auto with altered license is considered a serious charge);
(N) Obstructing traffic; Operating without a licensee;
(O) Panhandling/aggressive panhandling; Parental responsibility-failure to control juvenile; Parking warrants; Possess of open bottle or container; Profane language; Public drunk; Public Intoxication; Public nuisance;
(P) Re-booked on suspension; Runaway;
(Q) Sanction (Drug Court/District Court); Sentencing; Soliciting without a permit; Suicide (attempted);
(R) Taxes due the state; Transporting open container; Traffic violations (minor traffic, vehicle and licensing charge); Truancy;
(S) Use of language to arouse anger;
(T) Voluntary commitment;
(U) Weekender; Writ; Warrant (failure to appear, pay or comply for a non-reportable offense);
"Offenses exempted" means non-reportable offenses or crimes listed under the definition of non-reportable offenses. The OSBI may also determine that other misdemeanor and municipal offenses are also non-reportable. Offenses may be considered by the OSBI to be non-reportable if it is a minor infraction which would not result in substantial arm to any individual or to the public's health or safety. Where harem is pecuniary, substantial shall mean an amount in excess of $50.00. For example, although the offense of driving under the influence is a misdemeanor it toes not qualify as a non-reportable offense. It shall be maintained in criminal history records because the offense poses a significant risk of harm to the individual's public safety.
"OSBI" means the Oklahoma State Bureau of Investigation
"Other purpose" shall include such things as personal safety and community awareness.
"Rap-back information" means a follow-up chronological history of individuals arrests, charges and the dispositions of same within the state of Oklahoma that occur after the date after the request.
"Request" means a request for criminal history records from the OSBI.
"Requestor" means the person, governmental agency, or other entity who makes a request for criminal history records.
Added at 10 Ok Reg 4793, eff 9-17-93 (emergency); Added at 11 Ok Reg 3323, eff 6-27-94; Amended at 16 Ok Reg 3323, eff 7-26-99; Amended at 17 Ok Reg 316, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2540, eff 6-26-00; Amended at 30 Ok Reg 1802, eff 8-1-13
