Or. Admin. Code § 575-007-0280

Current through Register Vol. 63, No. 10, October 1, 2024

Section 575-007-0280 - Potentially Disqualifying Crimes

A conviction of any of the following crimes is potentially disqualifying. The lists include offenses that are crimes and are not intended to include offenses that are classified as violations (See ORS 161.505 through 161.565).

(1) Permanent Review. The crimes listed in this section are crimes which require that a fitness determination be completed regardless of date of conviction.

(a) ORS 162.155, Escape II;

(b) ORS 162.165, Escape I;

(c) ORS 162.325, Hindering prosecution;

(d) ORS 163.005, Criminal homicide;

(e) ORS 163.095, Aggravated murder;

(f) ORS 163.115, Murder;

(g) ORS 163.118, Manslaughter I;

(h) ORS 163.125, Manslaughter II;

(i) ORS 163.145, Criminally negligent homicide;

(j) ORS 163.160, Assault IV;

(k) ORS 163.165, Assault III;

(l) ORS 163.175, Assault II;

(m) ORS 163.185, Assault I;

(n) ORS 163.187, Strangulation;

(o) ORS 163.190, Menacing;

(p) ORS 163.200, Criminal mistreatment II;

(q) ORS 163.205, Criminal mistreatment I;

(r) ORS 163.207, Female genital mutilation;

(s) ORS 163.208, Assault of Public Safety Officer;

(t) ORS 163.213, Unlawful use of an electrical stun gun, tear gas, or mace I;

(u) ORS 163.225, Kidnapping II;

(v) ORS 163.235, Kidnapping I;

(w) ORS 163.257, Custodial interference I;

(x) ORS 163.275, Coercion;

(y) ORS 163.355, Rape III;

(z) ORS 163.365, Rape II;

(aa) ORS 163.375, Rape I;

(bb) ORS 163.385, Sodomy III;

(cc) ORS 163.395, Sodomy II;

(dd) ORS 163.405, Sodomy I;

(ee) ORS 163.408, Unlawful Sexual penetration II;

(ff) ORS 163.411, Unlawful Sexual penetration I;

(gg) ORS 163.415, Sexual abuse III;

(hh) ORS 163.425, Sexual abuse II;

(ii) ORS 163.427, Sexual abuse I;

(jj) ORS 163.435, Contributing to the sexual delinquency of a minor;

(kk) ORS 163.465, Public indecency;

(ll) ORS 163.515, Bigamy;

(mm) ORS 163.525, Incest;

(nn) ORS 163.535, Abandonment of a child;

(oo) ORS 163.537, Buying or selling a person under 18 years of age;

(pp) ORS 163.545, Child neglect II;

(rr) ORS 163.547, Child neglect I;

(ss) ORS 163.555, Criminal nonsupport;

(tt) ORS 163.575, Endangering the welfare of a minor;

(uu) ORS 163.670, Using child in display of sexually explicit conduct;

(vv) ORS 163.673, Dealing sexual condition of children;

(ww) ORS 163.675, Sale sexual condition of children;

(xx) ORS 163.680, Paying for sexual view of children;

(yy) ORS 163.684, Encouraging child sexual abuse I;

(zz) ORS 163.686, Encouraging child sexual abuse II;

(aaa) ORS 163.687, Encouraging child sexual abuse III;

(bbb) ORS 163.688, Possession of materials depicting sexually explicit conduct of a child I;

(ccc) ORS 163.689, Possession of materials depicting sexually explicit conduct of a child II;

(ddd) ORS 163.693, Failure to report child pornography;

(eee) ORS 163.732, Stalking;

(fff) ORS 164.057, Aggravated theft I;

(ggg) ORS 164.075, Theft by extortion;

(hhh) ORS 164.125, Theft of services;

(iii) ORS 164.225, Burglary I;

(jjj) ORS 164.325, Arson I;

(kkk) ORS 164.395, Robbery III;

(lll) ORS 164.405, Robbery II;

(mmm) ORS 164.415, Robbery I;

(nnn) ORS 165.581, Cellular counterfeiting I;

(ooo) ORS 166.005, Treason;

(ppp) ORS 166.015, Riot;

(qqq) ORS 166.085, Abuse of corpse II;

(rrr) ORS 166.087, Abuse of corpse I;

(sss) ORS 166.155, Intimidation II;

(ttt) ORS 166.165, Intimidation I;

(uuu) ORS 166.220, Unlawful use of weapon;

(vvv) ORS 166.270, Possession of weapons by certain felons;

(www) ORS 166.272, Unlawful possession of machine guns, certain short-barreled firearms and firearm silencers;

(xxx) ORS 166.275, Possession of weapons by inmates of institutions;

(yyy) ORS 166.429, Firearms used in felony;

(zzz) ORS 166.720, Racketeering activity unlawful;

(aaaa) ORS 167.012, Promoting prostitution;

(bbbb) ORS 167.017, Compelling prostitution;

(cccc) ORS 167.062, Sadomasochistic abuse or sexual conduct in live show;

(dddd) ORS 167.065, Furnishing obscene materials to minors;

(eeee) ORS 167.070, Sending obscene materials to minors;

(ffff) ORS 167.075, Exhibiting an obscene performance to a minor;

(gggg) ORS 167.080, Displaying obscene materials to minors;

(hhhh) ORS 167.087, Disseminating obscene material;

(iiii) ORS 167.262, Adult using minor in commission of controlled substance offense;

(jjjj) ORS 167.315, Animal abuse II;

(kkkk) ORS 167.320, Animal abuse I;

(llll) ORS 167.322, Aggravated animal abuse I;

(mmmm) ORS 167.333, Sexual assault of animal;

(nnnn) ORS 181.599, Failure to report as sex offender;

(oooo) ORS 475.525, Sale of drug paraphernalia prohibited;

(pppp) ORS 475.805, Providing hypodermic device to minor prohibited;

(qqqq) ORS 475.967, Possession of precursor substance with intent to manufacture controlled substance;

(rrrr) ORS 475.973, Unlawful possession or distribution of ephedrine, pseudoephedrine or phenylpropanolamine;

(sss) ORS 475.975, Unlawful possession of iodine in its elemental form;

(tttt) ORS 475.976, Unlawful possession of iodine matrix;

(uuuu) ORS 475.982, Providing drug test falsification equipment;

(vvvv) ORS 475.984, Causing another person to ingest a controlled substance;

(wwww) ORS 475.986, Application of controlled substance to the body of another person;

(xxxx) ORS 475.992, Prohibited acts generally (regarding drug crimes);

(yyyy) ORS 475.993, Prohibited acts for registrants (with the State Board of Pharmacy; regarding felony crimes);

(zzzz) ORS 475.995, Distribution to minors;

(aaaaa) ORS 475.999, Penalty for manufacture or delivery of controlled substance within 1000 feet of school;

(bbbbb) ORS 677.080, Prohibited acts (regarding the practice of medicine);

(ccccc) Any federal crime;

(ddddd) Any unclassified felony defined in Oregon Revised Statutes not listed elsewhere in this rule;

(eeeee) Any other felony in Oregon's or any other jurisdiction's statutes not listed elsewhere in this rule that is serious and indicates behavior that poses a threat to safety or security, as determined by the authorized designee.

(fffff) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405, 161.435, or 161.450, including any crime based on criminal liability for conduct of another pursuant to ORS 161.155.

(ggggg) Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section (section (1)) as determined by the authorized designee.

(hhhhh) Any crime that is no longer codified in Oregon or other jurisdiction but that is the substantial equivalent of any of the crimes listed in this section (section (1)) as determined by the authorized designee.

(iiiii) A new crime, adopted by the Legislature following the most recent amendment of these rules, that is the substantial equivalent of any of the crimes listed in this section (section (1)) as determined by the authorized designee.

(2) Ten-Year Review. The crimes listed in this section are crimes that require that a fitness determination be completed if the date of conviction is within ten years of the date the OSAC Criminal Records Request form was signed.

(a) ORS 133.076, Failure to appear on criminal citation

(b) ORS 162.015, Bribe giving;

(c) ORS 162.025, Bribe receiving;

(d) ORS 162.065, Perjury;

(e) ORS 162.075, False swearing;

(f) ORS 162.117, Public investment fraud;

(g) ORS 162.145, Escape III;

(h) ORS 162.175, Unauthorized departure;

(i) ORS 162.185, Supplying contraband;

(j) ORS 162.195, Failure to appear II;

(k) ORS 162.205, Failure to appear I;

(l) ORS 162.247, Interfering with a peace officer;

(m) ORS 162.265, Bribing a witness;

(n) ORS 162.275, Bribe receiving by a witness;

(o) ORS 162.285, Tampering with a witness;

(p) ORS 162.295, Tampering with physical evidence;

(q) ORS 162.305, Tampering with public records;

(r) ORS 162.335, Compounding;

(s) ORS 162.355, Simulating legal process;

(t) ORS 162.365, Criminal impersonation;

(u) ORS 162.367, Criminal impersonation of peace officer;

(v) ORS 162.369, Possession of false law enforcement identification card;

(w) ORS 162.375, Initiating a false report;

(x) ORS 162.385, Giving false information to police officer for a citation;

(y) ORS 162.405, Official misconduct II;

(z) ORS 162.415, Official misconduct I;

(aa) ORS 162.425, Misuse of confidential information;

(bb) ORS 163.195, Recklessly endangering another person;

(cc) ORS 163.212, Unlawful use of an electrical stun gun, tear gas, or mace II;

(dd) ORS 163.245, Custodial interference II;

(gg) ORS 163.445, Sexual misconduct;

(ii) ORS 163.467, Private indecency;

(jj) ORS 163.700, Invasion of personal privacy;

(kk) ORS 163.750, Violating court's stalking protective order;

(ll) ORS 164.043, Theft III;

(mm) ORS 164.045, Theft II;

(nn) ORS 164.055, Theft I;

(oo) ORS 164.085, Theft by deception;

(pp) ORS 164.095, Theft by receiving;

(qq) ORS 164.135, Unauthorized use of a vehicle;

(rr) ORS 164.140, Criminal possession of rented or leased personal property;

(ss) ORS 164.162, Mail theft or receipt of stolen mail;

(tt) ORS 164.215, Burglary II;

(uu) ORS 164.235, Possession of burglar's tools;

(vv) ORS 164.255, Criminal trespass I;

(ww) ORS 164.265, Criminal trespass while in possession of firearm;

(xx) ORS 164.272, Unlawful entry into motor vehicle;

(yy) ORS 164.315, Arson II;

(zz) ORS 164.335, Reckless burning;

(aaa) ORS 164.354, Criminal Mischief II;

(bbb) ORS 164.365, Criminal Mischief I;

(ccc) ORS 164.369, Interfering with police animal;

(ddd) ORS 164.377, Computer crime;

(eee) ORS 165.007, Forgery II;

(fff) ORS 165.013, Forgery I;

(ggg) ORS 165.017, Criminal possession of a forged instrument II;

(hhh) ORS 165.022, Criminal possession of a forged instrument I;

(iii) ORS 165.032, Criminal possession of a forgery device;

(jjj) ORS 165.037, Criminal simulation;

(kkk) ORS 165.042, Fraudulently obtaining a signature;

(lll) ORS 165.055, Fraudulent use of a credit card;

(mmm) ORS 165.065, Negotiating a bad check;

(nnn) ORS 165.070, Possessing fraudulent communications device;

(ooo) ORS 165.074, Unlawful factoring of credit card transaction;

(ppp) ORS 165.080, Falsifying business records;

(qqq) ORS 165.085, Sports bribery;

(rrr) ORS 165.090, Sports bribe receiving;

(sss) ORS 165.095, Misapplication of entrusted property;

(ttt) ORS 165.100, Issuing a false financial statement;

(uuu) ORS 165.102, Obtaining execution of documents by deception;

(vvv) ORS 165.540, Obtaining contents of communication;

(www) ORS 165.543, Interception of communications;

(xxx) ORS 165.570, Improper use of 9-1-1 emergency reporting system;

(yyy) ORS 165.572, Interference with making a report;

(zzz) ORS 165.577, Cellular counterfeiting III;

(aaaa) ORS 165.579, Cellular counterfeiting II;

(bbbb) ORS 165.692, Making false claim for health care payment;

(cccc) ORS 165.800, Identity theft;

(dddd) ORS 166.025, Disorderly conduct;

(eeee) ORS 166.065, Harassment;

(ffff) ORS 166.076, Abuse of a memorial to the dead;

(gggg) ORS 166.115, Interfering with public transportation;

(hhhh) ORS 166.180, Negligently wounding another;

(iiii) ORS 166.190, Pointing firearm at another;

(jjjj) ORS 166.240, Carrying of concealed weapon;

(kkkk) ORS 166.250, Unlawful possession of firearms;

(llll) ORS 166.370, Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school;

(mmmm) ORS 166.382, Possession of destructive device prohibited;

(nnnn) ORS 166.384, Unlawful manufacture of destructive device;

(oooo) ORS 166.470, Limitations and conditions for sales of firearms;

(pppp) ORS 166.480, Sale or gift of explosives to children;

(qqqq) ORS 166.649, Throwing an object off an overpass II;

(rrrr) ORS 166.651, Throwing an object off an overpass I;

(ssss) ORS 166.660, Unlawful paramilitary activity;

(tttt) ORS 167.007, Prostitution;

(uuuu) ORS 167.090, Publicly displaying nudity or sex for advertising purposes;

(vvvv) ORS 167.212, Tampering with drug records;

(wwww) ORS 167.222, Frequenting a place where controlled substances are used;

(xxxx) ORS 167.325, Animal neglect II;

(yyyy) ORS 167.330, Animal neglect I;

(zzzz) ORS 167.355, Involvement in animal fighting;

(aaaaa) ORS 167.365, Dogfighting;

(bbbbb) ORS 167.370, Participation in dogfighting;

(ccccc) ORS 167.820, Concealing the birth of an infant;

(ddddd) ORS 411.630, Unlawfully obtaining public assistance;

(eeeee) ORS 411.675, Submitting wrongful claim or payment (e.g., public assistance);

(fffff) ORS 411.840, Unlawfully obtaining or disposing of food stamp benefits;

(ggggg) ORS 417.990, Penalty for placement of children in violation of compact;

(hhhhh) ORS 418.130, Unauthorized use and custody of records of temporary assistance for needy families program;

(iiiii) ORS 418.140, Sharing assistance prohibited;

(jjjjj) ORS 418.250, Supervision of child-caring agencies;

(kkkkk) ORS 418.327, Licensing of certain schools and organizations offering residential programs;

(lllll) ORS 433.010, Spreading disease (willfully) prohibited;

(mmmmm) ORS 471.410, Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property;

(nnnnn) ORS 475.950, Failure to report precursor substance;

(ooooo) ORS 475.955, Failure to report missing precursor substances;

(ppppp) ORS 475.960, Illegally selling drug equipment;

(qqqqq) ORS 475.965, Providing false information on precursor substances report;

(rrrrr) ORS 475.981, Falsifying drug test results;

(sssss) ORS 475.991, Unlawful delivery of imitation controlled substance;

(ttttt) ORS 475.993, Prohibited acts for registrants (with the State Board of Pharmacy; regarding misdemeanor crimes);

(uuuuu) ORS 475.994, Prohibited acts involving records and fraud;

(vvvvv) ORS 475.996, Commercial drug offense;

(wwwww) ORS 657A.280, Failure to certify child care facility

(xxxxx) ORS 803.230, Forging, altering or unlawfully producing or using title or registration

(yyyyy) ORS 807.620, Giving false information to police officer

(zzzzz) ORS 811.140, Reckless driving

(aaaaaa) ORS 811.540, Fleeing or attempting to elude police officer;

(bbbbbb) ORS 811.700, Failure to perform duties of driver when property is damaged;

(cccccc) ORS 811.705, Failure to perform duties of driver to injured persons;

(dddddd) ORS 819.300, Possession of a stolen vehicle;

(eeeeee) ORS 830.475, Failure to perform the duties of an operator (boat);

(ffffff) Any unclassified misdemeanor defined in Oregon's or any other jurisdiction's statutes not listed elsewhere in this rule;

(gggggg) Any other misdemeanor in Oregon's or any other jurisdiction's statutes not listed elsewhere in this rule that is serious and indicates behavior that poses a threat to safety or security, as determined by the authorized designee;

(hhhhhh) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405 or 161.435, including any conviction based on criminal liability for conduct of another pursuant to ORS 161.155;

(iiiiii) Any crime in any other jurisdiction which is the substantial equivalent of any of the Oregon crimes listed in this section (section (2)) as determined by the authorized designee;

(jjjjjj) Any crime which is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in this section (section (2)) as determined by the authorized designee;

(kkkkkk) A new crime, adopted by the Legislature following the most recent amendment of these rules, which is the substantial equivalent of any of the crimes listed in this section (section (2)) as determined by the authorized designee;

(3) Five-Year Review. The crimes listed in this section are crimes which require that a fitness determination be completed if the date of conviction is within five years of the date the OSAC Records Request form was signed.

(a) ORS 162.085, Unsworn falsification;

(b) ORS 162.235, Obstructing governmental or judicial administration;

(c) ORS 162.315, Resisting arrest;

(d) ORS 164.245, Criminal trespass II;

(e) ORS 164.345, Criminal mischief III;

(f) ORS 165.555, Unlawful telephone solicitation of contributions for charitable purposes;

(g) ORS 166.075, Abuse of venerated objects;

(h) ORS 166.090, Telephonic harassment;

(i) ORS 166.095, Misconduct with emergency telephone calls;

(j) ORS 167.340, Animal abandonment;

(k) ORS 418.630, Operating uncertified foster home;

(l) ORS 811.182, Criminal driving while suspended or revoked;

(m) ORS 813.010, Driving under the influence of intoxicants (DUII);

(n) ORS 830.325, Operating boat while under influence of intoxicating liquor or controlled substance;

(o) Any conviction for attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405 or 161.435, including any conviction based on criminal liability for conduct of another pursuant to ORS 161.155;

(p) Any crime in any other jurisdiction which is the substantial equivalent of any of the Oregon crimes listed in this section (section (3)) as determined by the authorized designee;

(q) Any crime which is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in this section (section (3)) as determined by the authorized designee;

(r) A new crime, adopted by the Legislature following the most recent amendment of these rules, which is the substantial equivalent of any of the crimes listed in this section (section (3)) as determined by the authorized designee.

(4) Evaluation Based on Oregon Laws. Evaluations of crimes shall be based on Oregon laws and laws in other jurisdictions in effect at the time of the fitness determination, regardless of the jurisdiction in which the conviction occurred.

(5) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 through 419A.262.

(6) Expunged Adult Record. Under no circumstances shall a subject individual be denied under these rules because of the existence or contents of an adult record that has been expunged or set aside pursuant to ORS 137.225.

Or. Admin. Code § 575-007-0280

OSAC 4-2006, f. & cert. ef. 11-1-06; OSAC 1-2015, f. & cert. ef. 12/18/2015

Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL

Stats. Implemented: Ch. 730 2005 OL