Current through Vol. 42, No. 1, September 16, 2024
(a)
Obtaining criminal history
records.
(1) Members of the public may
request criminal history records from the OBSI online through OSBI's Criminal
History Information Request Portal (CHIRP) or by completing a Record Check
Request Form and delivering or mailing the form to the following address:
Oklahoma State Bureau of Investigation, Criminal History Reporting Unit, 6600
N. Harvey, Oklahoma City, Oklahoma 73116.
(2) Delivery of the request in person may be
made Monday through Friday (except holidays) between the hours of 8:30 a.m. and
4:30 p.m. unless otherwise posted in advance.
(A) If the request is made by an individual
for the sole purposes of determining whether or not his or her own criminal
history records is accurate, the cashier at the OSBI will have the individual
complete an "Individual Request for Criminal History Record Inspection
Form."
(B) Upon completion of the
form, a records check clerk will conduct a criminal history check based upon
the information provided. After completion of this check, the original form
will be returned to the requestor, along with a copy of the requestor's
criminal history record is any such record exists.
(C) The request form and the individual's
criminal history record will be stamped, dated, and initialed by the records
clerk prior to their issuance to the requestor. A copy of the request form will
be retained in the files of the OSBI.
(D) If a fee is applicable, the cashier will
accept payment and prepare a receipt. One copy of the receipt shall be given to
the requestor. A records clerk will conduct a criminal history check based on
the information provided, returning the completed form to the requestor. The
form(s) and record(s) will be stamped with the appropriate stamp(s), dated, and
initialed by the searcher prior to their return. A copy of the completed record
check form and receipt will be retained for the OSBI files. Criminal Justice
Agencies will not be charged for these services.
(3) All requests delivered by mail shall
include a stamped, self-addressed envelope. Replies will be made by return
mail.
(4) All request forms must be
typed or the information legibly printed by the requestor. Handwritten requests
which are not easily read will be returned unprocessed.
(5) Individuals wanting to request criminal
history information online must do so through the OSBI's CHIRP System.
(A) Requestors must create an account to
access CHIRP. Account access is free and OSBI will only charge for the searches
requested. The third party payment site may charge an online convenience
transaction fee for requestors paying by credit card or electronic funds
transfer (EFT).
(B) Search requests
may be submitted at any time. Searches submitted through CHIRP will be checked
against OSBI's computerized criminal history databased for potential candidate
matches. Searches where no potential candidate matches are identified will be
returned automatically. Searches requiring OSBI Review, which includes all
searches of the Department of Corrections Sex Offender and Violent Offender
Registries, will be conducted by OSBI Staff during normal business hours
(Monday through Friday, 8:30 a.m.- 4:30 p.m., excluding holidays). OSBI's
Criminal History Database is sometimes unavailable for system
maintenance.
(C) Billing customers
may select from possible candidates identified based upon the subject
identifiers provided or can elect to have OSBI staff make candidate
determinations during regular business hours.
(D) Search results, in electronic format,
will be available in CHIRP through the requestors account. Search requests will
remain in CHIRP indefinitely, but search results expire after 60 days and will
be removed.
(E) Search result forms
will contain the date the search was requested and the date OSBI's computerized
criminal history database was queried to determine the
result.
(b)
Required information. Persons, businesses, government agencies,
and other entities making requests for criminal history records shall provide
the following information to the OSBI:
(1)
the full name of the subject of the record;
(2) the date of birth or approximate age of
the subject of the record;
(3) the
social security number of the subject, if known;
(4) inked fingerprints of the subject, if
applicable; and,
(5) any other
information which tends to establish the identity of the subject such as sex
and race.
(c)
Method of search. Searches for criminal history records shall be
conducted by systems and personnel of the Oklahoma State Bureau of
Investigation.
(d)
Fees.
(1) Requests which clearly
would cause excessive disruption of the Oklahoma State Bureau of
Investigation's essential functions or any request for criminal history
information made by any private entity, state agency, board, department, or
commission for licensing, or other non-law enforcement purpose will pay a fee
based on the following schedule for the type of record requested:
(A) Name Search, Oklahoma records only, the
cost is $15.00.
(B) Fingerprint
search, Oklahoma records only, the cost is $19.00.
(C) Fingerprint search, Oklahoma and FBI
records, the cost is $41.00. Fingerprint searches of Oklahoma and FBI records
sought under the authority of the federal Volunteers for Children Act/National
Child Protection Act shall be reduced to $29.50.
(D) Oklahoma Department of Corrections
Offender Lookup
(i) Mary Rippy Violent
Offender Check, the cost is $2.00.
(ii) Sex Offender Check, the cost is
$2.00.
(2) All
requests not for a commercial purpose must be accompanied by a document copying
fee of $.25 per page. Certified copies of any requested documents will be
supplies for $1.00 per page.
(3)
Persons checking the accuracy of their records will not be charged a fee.
(4) Fees may be paid by nationally
recognized credit card, electronic funds transfer, money order, cashier's
check, certified check, or cash when the application is made in person. Cash
will not be accepted with applications delivered by mail.
(5) Personal checks will not be accepted
under any circumstances. Fees submitted for requests numbering two or more
shall be paid with one credit card or electronic funds transfer transaction,
money order, cashier's check, certified check, or business check rather than
with a $15.00 remittance for each name search requested. Checks shall be made
payable to OSBI.
Amended at 10 Ok Reg 4793, eff 9-17-93 (emergency); Amended
at 11 Ok Reg 3323, eff 6-27-94; Amended at 12 Ok Reg 279, eff 10-27-94
(emergency); Amended at 12 Ok Reg 1205, eff 5-11-95; Amended at 15 Ok Reg 3241,
eff 7-13-98; Amended at 26 Ok Reg 1679, eff 6-26-09; Amended at 30 Ok Reg 1803,
eff 8-1-13