Or. Admin. Code § 813-004-0230

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

Section 813-004-0230 - Criminal Records Check Process

(1) Disclosure of Information by Subject Individual.

(a) Preliminary to a criminal records check, a subject individual must complete and sign the Agency criminal records request and a fingerprint card.

(b) A subject individual must complete and submit to the Agency the Criminal Records Request form and, if requested, a fingerprint card within three business days of receiving the forms. The Agency may extend the deadline for good cause. The Agency's criminal records request form will require the following information:, name, birth date, social security number, physical characteristics, driver's license or identification card number and current address, prior residences in other states and any other identifying information deemed necessary by the Agency.

(c) The Agency may require additional information from the subject individual as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information.

(d) The Agency shall not request a fingerprint card from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq, or unless the Agency 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. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 813-004-0250(3).

(2) When a Criminal Records Check is Required. The Agency may conduct, or request the Oregon State Police to conduct, a criminal records check when:

(a) An individual meets the definition of a subject individual; or

(b) Required by federal law or regulation, by state or administrative rule, or by contract or written agreement with the Agency.

(3) Which Criminal Records Check is Conducted. When the Agency determines under section (2) of this rule that a criminal records check will be done, the Agency may request or conduct a LEDS Criminal Records Check, an Oregon Criminal Records Check, a Nationwide Criminal Records Check, or any combination thereof.

Or. Admin. Code § 813-004-0230

OHCS 1-2013, f. & cert. ef. 1-4-13

Stat. Auth.: ORS 181.534 & 456.135

Stats. Implemented: ORS 181.534 & 456.569