Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES
Section 137-007-0310 - Recordkeeping and Confidentiality
Universal Citation: OR Admin Rules 137-007-0310
Current through Register Vol. 63, No. 9, September 1, 2024
(1) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination due to incompleteness, in writing.
(2) Records Received from the Department's Criminal Justice Division and the Oregon Department of State Police:
(a) Records the Department
receives from the Department's Criminal Justice Division and the Oregon
Department of State Police resulting from a criminal records check, including
but not limited to LEDS reports and state or federal criminal offender
information originating with the Oregon Department of State Police or the
Federal Bureau of Investigation, are confidential pursuant to ORS
181.534(15) and
federal laws and regulations;
(b)
Only the Department's authorized designees shall have access to records the
Department receives from the Department's Criminal Justice Division and the
Oregon Department of State Police resulting from a criminal records
check;
(c) An authorized designee
shall have access to records received from the Department's Criminal Justice
Division and the Oregon Department of State Police in response to a criminal
records check only if the authorized designee has a demonstrated and legitimate
need to know the information contained in the records;
(d) Authorized designees shall maintain and
disclose records received from the Department's Criminal Justice Division and
the Oregon Department of State Police resulting from a criminal records check
in accordance with applicable requirements and restrictions in ORS Chapter 181
and other applicable federal and state laws, rules adopted by the Oregon
Department of State Police pursuant thereto, these rules, federal regulations,
and any written agreement between the Department and the Oregon Department of
State Police;
(e) If a
fingerprint-based criminal records check was conducted with regard to a subject
individual, the Department shall permit that subject individual to inspect his
or her own state and federal criminal offender information, unless prohibited
by federal law;
(f) If a subject
individual with a right to inspect criminal offender information under
subsection (e) Requests, the Department shall provide the subject individual
with a copy of the individual's own state and federal criminal offender
information, unless prohibited by federal law. The Department shall require
sufficient identification from the subject individual to determine his or her
identity prior to providing this criminal offender information to him or her.
The Department shall require that the subject individual sign a receipt
confirming his or her receipt of the criminal offender information.
(3) Other Records:
(a) The Department shall treat all criminal
offender information received or created under these rules that concern the
criminal history of a subject individual, other than records covered under
section (2) of this rule, including Department of Justice Criminal Records
Request forms and fingerprint cards, as confidential pursuant to ORS
181.534(15);
(b) Within the Department, only authorized
designees shall have access to the records identified under subsection
(a);
(c) An authorized designee
shall have access to records identified under subsection (a) only if the
authorized designee has a demonstrated and legitimate need to know the
information contained in the records;
(d) Except as otherwise provided by law, a
subject individual shall have access to records identified under subsection (a)
pursuant to and only to the extent required by the terms of the Public Records
Law.
Stat. Auth.: ORS 181.534, 180.267
Stats. Implemented: ORS 181.534(9)
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.