Okla. Admin. Code § 375:9-1-2

Current through Vol. 42, No. 8, January 2, 2025

Section 375:9-1-2 - Request for criminal history records

(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.

Okla. Admin. Code § 375:9-1-2

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

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/1/2023