Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES
Section 137-007-0230 - Criminal Records Check Process
Universal Citation: OR Admin Rules 137-007-0230
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Disclosure of Information by Subject Individual:
(a) Preliminary to a criminal
records check, a subject individual, if requested, shall complete and sign the
Department of Justice Criminal Records Request form and, if requested by the
Department, a fingerprint card. The Criminal Records Request form shall require
the following information: name, Social Security Number, driver license or
identification card number, prior residency in other states, and any other
identifying information deemed necessary by the authorized designee. The
Department of Justice Criminal Records Request form may also require details
concerning any circumstance listed in OAR 137-007-0240(3)(a)(f);
(b) A subject individual shall complete and
submit to the Department the Department of Justice Criminal Records Request
form and, if requested, a fingerprint card within three business days of
receiving the forms. An authorized designee may extend the deadline for good
cause;
(c) The Department shall not
request a fingerprint card from a subject individual under the age of 18 years
unless the Department also requests the written consent of a parent or
guardian. In such case, such parent or guardian and youth must be informed that
they are not required to consent. Failure to consent, however, may be construed
as a refusal to consent under OAR 137-007-0260(3)(d)(B);
(d) Within a reasonable period of time as
established by an authorized designee, a subject individual shall disclose
additional information as requested by the Department in order to resolve any
issue(s) hindering the completion of a criminal records check.
(2) When a Criminal Records Check is Conducted. An authorized designee may conduct, or request that a criminal records check be conducted when:
(a) An
individual meets the definition of "subject individual;" or
(b) Required by federal law or regulation, or
as a condition of federal funding, by state law or administrative rule, or by
contract or written agreement with the Department.
(3) Which Criminal Records Check(s) is Conducted. When an authorized designee determines under subsection (2) of this rule that a criminal records check is needed, the authorized designee shall proceed as follows:
(a) LEDS Criminal Records
Check. The authorized designee shall conduct or request a LEDS criminal records
check as part of any fitness determination conducted in regard to a subject
individual;
(b) Oregon Criminal
Records Check. The authorized designee may request that the Oregon Department
of State Police conduct an Oregon criminal records check when:
(A) The authorized designee determines that
an Oregon criminal records check is warranted after review of the information
provided by the subject individual, the results of a LEDS criminal records
check, or review of any other information deemed relevant to the inquiry;
or
(B) The authorized designee
requests a nationwide criminal records check.
(c) Nationwide Criminal Records Check. The
authorized designee may request that the Oregon Department of State Police
conduct a nationwide criminal records check when:
(A) A subject individual has lived outside
Oregon for 60 or more consecutive days during the previous five (5)
years;
(B) Information provided by
the subject individual or the results of a LEDS or Oregon criminal records
check provide reason to believe, as determined by an authorized designee, that
the subject individual has a criminal history outside of Oregon;
(C) As determined by an authorized designee,
there is reason to question the identity of, or information provided by, a
subject individual. Reasonable grounds to question the information provided by
a subject individual include, but are not limited to: the subject individual
fails to disclose a Social Security Number; the subject individual discloses a
Social Security Number that appears to be invalid; or the subject individual
does not have an Oregon driver license or identification card; or
(D) A check is required by federal law or
regulation, by state law or administrative rule, or by contract or written
agreement with the Department.
Statutory/Other Authority: ORS 181A.195 & ORS 180.267
Statutes/Other Implemented: ORS 181A.195
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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