Or. Admin. Code § 137-007-0230

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-007-0230 - Criminal Records Check Process

(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.

Or. Admin. Code § 137-007-0230

DOF 6-2007, f. & cert ef. 9-5-07; DOJ 9-2019, amend filed 08/15/2019, effective 8/19/2019

Statutory/Other Authority: ORS 181A.195 & ORS 180.267

Statutes/Other Implemented: ORS 181A.195