Oregon Administrative Rules
Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION
Division 50 - CRIMINAL RECORDS CHECK RULES
Section 167-050-0210 - Recordkeeping and Confidentiality
Universal Citation: OR Admin Rules 167-050-0210
Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a)
Records the Secretary of State receives from 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).
(b) Only those persons, as identified by the
Secretary of State, with a demonstrated and legitimate need to know the
information, may have access to criminal records check records.
(2)
(a) If a fingerprint-based criminal records
check was conducted with regard to a subject individual, the Secretary of State
shall permit that subject individual to inspect his or her own state and
federal criminal offender information, unless prohibited by federal
law.
(b) If a subject individual
with a right to inspect criminal offender information under subsection (2)(a)
of this rule requests to do so, the Secretary of State shall provide the
subject individual with a copy of the individual's own state and federal
criminal offender information, unless prohibited by federal law.
(3) Other Records.
(a) The Secretary of State shall treat all
records received or created under these rules that concern the criminal history
of a subject individual, other than records covered under section (1)(a) of
this rule, including Secretary of State Criminal Records Request forms and
fingerprint cards, as confidential pursuant to ORS
181.534(15).
(b) A subject individual shall have access to
records identified under subsections (3)(a) of this rule and pursuant to and
only to the extent required by the terms of the Public Records Law.
Stat. Auth.: ORS 181.534
Stats. Implemented: ORS 181.534(9)
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