Or. Admin. Code § 274-006-0005

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

Section 274-006-0005 - Criminal Records Check Process

(1) When a Criminal Records Check is Required. The Department 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 Department.

(2) Which Criminal Records Check is Conducted. When the Department determines under section (1) Of this rule that a criminal records check is needed, the Department may request or conduct a LEDS Criminal Records Check, an Oregon Criminal Records Check, a Nationwide Criminal Records Check, or any combination thereof.

(3) Disclosure of Information by Subject Individual.

(a) Prior to a criminal records check, an individual shall complete and sign the Department's Criminal Records Request form and, if requested by the Department, a fingerprint card within three business days of receiving the forms. The Department may extend the deadline for good cause. The Department'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 residency in other states, military history, and any other identifying information deemed necessary by the Department.

(b) The Department 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.

(c) The Department 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 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. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 274-006-0011(3).

Or. Admin. Code § 274-006-0005

DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10

Stat. Auth.: ORS 181.534, 406.030 & 2009 SB 94

Stats. Implemented: ORS 181.534, 406.030 & 2009 SB 94