ORS 181A.195
Criminal records check

  • authorized agencies
  • retention of fingerprint cards by FBI and Department of State Police
  • fitness determinations
  • rules
  • fee

(1)

As used in this section:

(a)

“Authorized agency” means state government as defined in ORS 174.111 (“State government” defined), the Oregon State Bar or a municipal tax collection agency in a city with a population of 250,000 or more. “Authorized agency” does not include:

(A)

The Oregon State Lottery Commission or the Oregon State Lottery; or

(B)

A criminal justice agency, as defined in ORS 181A.010 (Definitions for ORS 181A.010 to 181A.350), that is authorized by federal law to receive fingerprint-based criminal records checks from the Federal Bureau of Investigation.

(b)

“Subject individual” means a person from whom an authorized agency may require fingerprints pursuant to statute for the purpose of enabling the authorized agency to request a state or nationwide criminal records check.

(2)

Intentionally left blank —Ed.

(a)

An authorized agency may request that the Department of State Police conduct a criminal records check on a subject individual for noncriminal justice purposes.

(b)

An authorized agency may request that the department conduct a criminal records check on a subject individual who is a contractor or vendor and who provides services to the authorized agency when access to criminal offender information is required to perform noncriminal justice administrative functions on behalf of the authorized agency. Criminal records checks performed under this paragraph are subject to state and federal criminal offender information access policies. An authorized agency shall conduct fitness determinations for contractors and vendors in coordination with the department.

(c)

If a nationwide criminal records check of a subject individual is necessary, the authorized agency may request that the department conduct the check, including fingerprint identification, through the Federal Bureau of Investigation.

(3)

The Department of State Police shall provide the results of a criminal records check conducted pursuant to subsection (2) of this section to the authorized agency requesting the check.

(4)

The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints, except that the Federal Bureau of Investigation may retain the fingerprint cards and records of the fingerprints for purposes described in ORS 181A.205 (Voluntary fingerprint retention program). If the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(5)

If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the Department of State Police shall destroy the fingerprint cards and may not retain facsimiles or other material from which a fingerprint can be reproduced, except that the Department of State Police may retain the fingerprint cards or create facsimiles for the purpose of providing information under ORS 181A.205 (Voluntary fingerprint retention program) and for purposes of data security under subsection (12) of this section.

(6)

If only a state criminal records check is conducted, after the criminal records check is completed, the Department of State Police shall destroy the fingerprint cards and the results of the criminal records check provided to the authorized agency and may not retain facsimiles or other material from which a fingerprint can be reproduced, except that the Department of State Police may retain the fingerprint cards and results or create facsimiles for the purpose of providing information under ORS 181A.205 (Voluntary fingerprint retention program).

(7)

An authorized agency may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police in accordance with rules adopted, and procedures established, by the Department of State Police.

(8)

An authorized agency and the Department of State Police shall permit a subject individual for whom a fingerprint-based criminal records check was conducted to inspect the individual’s own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual’s own state and national criminal offender records.

(9)

Each authorized agency, in consultation with the Department of State Police, may adopt rules to implement this section and other statutes relating to criminal offender information obtained through fingerprint-based criminal records checks. The rules may include but need not be limited to:

(a)

Identifying applicable categories of subject individuals as specified by the Oregon Department of Administrative Services under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks) who are subject to criminal records checks by the authorized agency.

(b)

Identifying applicable information that may be required from a subject individual to permit a criminal records check as specified by the Oregon Department of Administrative Services under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks).

(c)

Specifying which programs or services are subject to this section.

(d)

If the authorized agency uses criminal records checks for agency employment purposes:

(A)

Determining when and under what conditions a subject individual may be hired on a preliminary basis pending a criminal records check; and

(B)

Defining the conditions under which a subject individual may participate in training, orientation and work activities pending completion of a criminal records check.

(e)

Establishing fees in an amount not to exceed the actual cost of acquiring and furnishing criminal offender information.

(10)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in ORS 181A.400 (Authority of Department of Public Safety Standards and Training to require fingerprints), 181A.875 (Licenses and certificates), 342.143 (Issuance of licenses and registrations), 342.223 (Criminal records check), 443.735 (Issuance of license), 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919) and 703.090 (General polygraph examiner license qualifications) and paragraph (d) of this subsection, an authorized agency, using the rules adopted by the Oregon Department of Administrative Services under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), shall determine whether a subject individual is fit to hold a position, provide services, be employed or be granted a license, certification, registration or permit. If a subject individual is determined to be unfit, then the individual may not hold the position, provide services, be employed or be granted a license, certification, registration or permit.

(b)

Intentionally left blank —Ed.

(A)

Subject to subparagraph (B) of this paragraph, an authorized agency making a fitness determination of an individual under this subsection may request results of a previously made fitness determination from an authorized agency that has already made a fitness determination for the individual. An authorized agency that receives a request under this paragraph shall provide the requested information.

(B)

An authorized agency may make a request under this paragraph only for individuals:
(i)
Who are applying to hold a position, provide services, be employed or be granted a license, certification, registration or permit;
(ii)
Who are in a category of individuals as specified by the Oregon Department of Administrative Services by rule under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks); and
(iii)
For whom a fitness determination has already been made.

(c)

Except as otherwise provided in ORS 181A.400 (Authority of Department of Public Safety Standards and Training to require fingerprints), in making the fitness determination under this subsection, the authorized agency shall consider:

(A)

The nature of the crime;

(B)

The facts that support the conviction or pending indictment or that indicate the making of a false statement;

(C)

The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual’s present or proposed position, services, employment, license, certification or registration; and

(D)

Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, certification, registration or permit, such as:
(i)
The passage of time since the commission of the crime;
(ii)
The age of the subject individual at the time of the crime;
(iii)
The likelihood of a repetition of offenses or of the commission of another crime;
(iv)
The subsequent commission of another relevant crime;
(v)
Whether the conviction was set aside and the legal effect of setting aside the conviction; and
(vi)
The recommendation of an employer.

(d)

A subject individual is not entitled to a fitness determination under this subsection if the subject individual:

(A)

Is or seeks to be employed in any capacity having contact with a recipient of support services or a resident of a residential facility or adult foster home, as provided in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) (3), and has been convicted of any crime listed in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) (3) or (5).

(B)

Is prohibited by federal law from holding a position, providing services, being employed or being granted a license, certification, registration or permit for which the fitness determination is requested by an authorized agency.

(11)

Intentionally left blank —Ed.

(a)

In conducting a fitness determination regarding a subject individual other than an individual described in paragraph (b) of this subsection, the Department of Human Services or the Oregon Health Authority may not consider:

(A)

A conviction that is more than 10 years old unless the conviction is for a crime listed in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) (3) or (5);

(B)

A charge or arrest for which there was no conviction unless the charge or arrest is for a crime listed in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) (3) or (5);

(C)

A conviction on a charge relating to marijuana if the charge is no longer a criminal offense;

(D)

A conviction under ORS 813.010 (Driving under the influence of intoxicants) or 830.325 (Operating boat while under influence of intoxicants), or a misdemeanor conviction under a law in another jurisdiction that imposes criminal penalties for operating a vehicle or boat while under the influence of intoxicants, if the subject individual had no more than one conviction described in this subparagraph in the five-year period prior to the date of the criminal records check;

(E)

A deferred sentence, conditional discharge or participation in a diversion program for any crime unless the crime is listed in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) (3) and (5); and

(F)

A pending indictment for a crime unless the crime is listed in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) (3) or (5).

(b)

The department or the authority may consider a charge, arrest, conviction, deferred sentence, conditional discharge, participation in a diversion program or pending indictment that may not be considered under paragraph (a) of this subsection in making a fitness determination for a subject individual who is:

(A)

Described in ORS 418.016 (Criminal records checks required for caregivers of children and for other persons in household);

(B)

An employee, volunteer, contractor or provider in, or an agent of, a proctor foster home as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) or a child-caring agency as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998);

(C)

An exempt family child care provider, as defined in ORS 329A.430 (Rights of family child care providers to join labor organizations), the provider’s household members who are 16 years of age or older or a frequent visitor of a provider who is subject to a criminal records check;

(D)

An employee or volunteer in a facility that:
(i)
Provides care to children and is operated by a school district, as defined in ORS 332.002 (Definitions for chapter), a political subdivision of this state, a preschool recorded program, as defined in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450), or a government agency; and
(ii)
Is not required to be certified under ORS 329A.280 (When certification required); or

(E)

An emergency medical services provider, as defined in ORS 682.025 (Definitions), for the purpose of determining the fitness of the emergency medical services provider to receive or hold a license under ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction).

(12)

Intentionally left blank —Ed.

(a)

Criminal offender information is confidential. Authorized agencies and the Department of State Police shall adopt rules to restrict dissemination of information received under this section to persons with a demonstrated and legitimate need to know the information.

(b)

For each employee, contractor or vendor of an authorized agency who is required to have access to or review criminal offender information for noncriminal justice purposes, the authorized agency shall:

(A)

Conduct a state and nationwide fingerprint-based criminal records check;

(B)

Ensure that the employee, contractor or vendor meets the security background check requirements of the Federal Bureau of Investigation Criminal Justice Information Services Security Policy for having unescorted access to criminal offender information; and

(C)

Pay fees as required under subsection (9) of this section.

(13)

If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the authorized agency shall deny the employment of the individual, or revoke or deny any applicable position, authority to provide services, license, certification, registration or permit.

(14)

If an authorized agency requires a criminal records check of employees, prospective employees, contractors, vendors or volunteers or applicants for a license, certification, registration or permit, the application forms of the authorized agency must contain a notice that the person is subject to fingerprinting and a criminal records check. [Formerly 181.534; 2017 c.228 §8; 2019 c.187 §2; 2019 c.423 §1; 2021 c.198 §1; 2021 c.213 §1; 2021 c.528 §18]
Note: 181A.195 (Criminal records check) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 181A.195 — Criminal records check; authorized agencies; retention of fingerprint cards by FBI and Department of State Police; fitness determinations; rules; fee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors181A.­html.

181A.010
Definitions for ORS 181A.010 to 181A.350
181A.015
Department of State Police established
181A.020
State Police Account
181A.025
Petty cash account
181A.030
Superintendent of State Police
181A.035
Appointment of Deputy Superintendent of State Police
181A.040
Powers and duties of deputy superintendent
181A.045
Oath of superintendent and deputy superintendent
181A.050
Oregon State Police
181A.055
Qualifications for appointment and reappointment of state police
181A.060
Appointment of employees of department as special state police officers
181A.065
Oath of members of state police
181A.070
Salaries of state police
181A.075
Instruction
181A.080
Powers and duties of department and its members
181A.085
Targeted enforcement program
181A.090
Duty to enforce laws and regulations of agencies
181A.095
Headquarters and patrol stations
181A.100
Organization of work of department
181A.105
Distribution of police throughout state
181A.110
Standard uniform for state police
181A.115
Supplies and equipment of state police
181A.120
Commanding assistance of citizens
181A.125
Interference with personal and property rights of others
181A.130
Records and reports of activities and time spent in performance of duties
181A.135
National Crime Prevention and Privacy Compact
181A.140
Department responsible for criminal identification information
181A.145
Criminal investigations division
181A.150
Forensic laboratories
181A.155
Authority over blood and buccal samples and analyses
181A.160
Fingerprints, identifying data, disposition report required upon arrest
181A.165
Crimes for which criminal offender information is required
181A.170
Electronic fingerprint capture technology required
181A.175
Transmittal of disposition report
181A.180
Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education
181A.185
Report of release or escape from state institution of certain inmates
181A.190
Criminal records check
181A.195
Criminal records check
181A.200
Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints
181A.202
Authority of municipal tax collection agency to require fingerprints
181A.205
Voluntary fingerprint retention program
181A.210
Criminal identification information to be furnished to Native American tribe
181A.215
Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks
181A.220
Confidentiality of some records
181A.225
Reporting of crime statistics
181A.230
Establishment of procedures for access to criminal record information
181A.235
Fee waiver
181A.240
Procedure when information requested by designated agency
181A.245
Procedure when information requested by other than criminal justice agency
181A.250
Specific information not to be collected or maintained
181A.255
Report of suspected criminal homicide
181A.265
Criminal Justice Information Standards program
181A.270
Duties of state criminal justice agencies
181A.275
Criminal Justice Information Standards Advisory Board
181A.280
Law Enforcement Data System established
181A.285
Medical health database
181A.287
Entry of certain convictions related to possession of firearms or ammunition into Law Enforcement Data System and databases of National Crime Information Center
181A.290
Certain information required from agencies
181A.300
Establishment and maintenance of missing persons clearinghouse
181A.305
Duties of administrator of clearinghouse
181A.310
When notification of missing children clearinghouse required
181A.315
Amber Plan
181A.320
Written policies relating to missing vulnerable adults required
181A.322
Short title
181A.323
Definitions for ORS 181A.323 to 181A.328
181A.324
Sexual assault forensic evidence kit testing
181A.325
Policies and procedures regarding collection, submission for testing, retention and destruction of kits
181A.326
Notification to law enforcement agency when kit collected
181A.328
Committee on tracking of sexual assault forensic evidence
181A.338
Purchase and receipt of property from military equipment surplus program
181A.340
Commissioning of humane special agents
181A.345
Humane special agents to enforce animal welfare laws under direction of law enforcement agency
181A.348
Telecommunicators as first responders
181A.350
Eligibility of towing business to be placed on department list
181A.355
Definitions for ORS 181A.355 to 181A.689
181A.360
Board on Public Safety Standards and Training
181A.365
Organization of board
181A.370
Executive committee
181A.375
Policy committees
181A.380
Leave to perform duties of board or policy committee
181A.385
Appointment of director of department
181A.390
Training academy
181A.395
Certain officers required to be at least 21 years of age
181A.400
Authority of Department of Public Safety Standards and Training to require fingerprints
181A.405
Legislative intent and findings
181A.410
Minimum standards and training for certification
181A.420
Minimum standards and training requirements inapplicable to certain persons
181A.425
Department not required to provide training for certification of reserve officers
181A.430
Effect of minimum requirements under authority other than ORS 181A.410
181A.440
Training in vehicle pursuit, mental illness and airway and circulatory systems
181A.442
Equity training for police officers
181A.444
Training on interacting with persons who have experienced trauma
181A.445
Best practices for interacting with persons who have experienced trauma
181A.450
Child abuse and domestic violence training
181A.460
Training in missing persons cases
181A.470
Training relating to Vienna Convention and crimes motivated by prejudice or that constitute abuse
181A.480
Training in human trafficking
181A.483
Prohibition on training to use physical force that impedes breathing or circulation
181A.485
Psychological screening of law enforcement officers
181A.487
Mental health wellness policies for law enforcement agencies
181A.490
Certification of police officers and certified reserve officers
181A.500
Lapse of certification
181A.510
Certification for certain purposes of individuals employed by tribal government to perform duties of public safety officer
181A.520
Certification of corrections officers
181A.530
Certification of parole and probation officers
181A.540
Certification of judicial marshals
181A.550
Certification of regulatory specialists
181A.560
Certification of telecommunicators and emergency medical dispatchers
181A.570
Certification of full-time department employees
181A.580
Certification of certain Law Enforcement Data System employees
181A.590
Certification of instructors
181A.600
Limitation on accreditation of training programs
181A.610
Reimbursement for training to local law enforcement units
181A.620
Reimbursement of qualifying expenses
181A.630
Procedure for denial, suspension or revocation of application or certification
181A.640
Grounds for denial, suspension or revocation of application or certification of person or accreditation of program
181A.650
Judicial review of department’s final order
181A.655
Civil penalties relating to certification
181A.657
Accreditation of law enforcement agencies
181A.660
Oregon Center for Policing Excellence
181A.661
Police Memorial Trust Fund
181A.663
National Use-of-Force Data Collection
181A.665
Police Standards and Training Account
181A.666
Findings
181A.667
Review, provision and retention of personnel records
181A.668
Request for employment information
181A.670
Disclosure of information about public safety officer
181A.672
Disclosure of information about certain employees of law enforcement agencies
181A.674
Disclosure of information about certain public safety employees
181A.676
Uniform background checklist
181A.681
Report of misconduct or violation of minimum standards
181A.683
Form for reports
181A.684
Database of discipline and suspensions and revocations of certification of police officers
181A.686
Report on discipline to Department of Public Safety Standards and Training
181A.688
Findings regarding racism
181A.689
Standards for speech and expression
181A.700
Definitions for ORS 181A.702 and 181A.704
181A.702
Identifying information on uniform
181A.704
Provision of officer identity to member of public
181A.708
Use of chemical incapacitants, kinetic impact projectiles and sound devices
181A.710
Use of other law enforcement agencies to engage in barred conduct
181A.720
Definitions for ORS 181A.725 to 181A.735
181A.725
Oregon Community Crime Prevention Information Center
181A.730
Coordinator
181A.735
Advisory committee
181A.775
Definitions for ORS 181A.775 to 181A.805
181A.780
Planning authority
181A.785
Components of plan
181A.790
Policy relating to use of deadly physical force
181A.795
Admissibility of conclusions and recommendations
181A.800
Compliance
181A.805
Grants
181A.810
Expenditure limitation on grant moneys
181A.815
Expenses
181A.820
Enforcement of federal immigration laws
181A.822
Definitions for ORS 181A.822 to 181A.829
181A.823
Prohibitions related to immigration enforcement
181A.826
Prohibition on use of public resources for immigration enforcement
181A.827
Sanctuary violation reporting mechanism
181A.828
Prohibition on civil arrest without warrant or order in court facility or in connection with court proceeding
181A.829
Prohibition on agreements related to immigration enforcement
181A.835
Peer support counseling sessions
181A.840
Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995
181A.845
Applicability of ORS 181A.840 to 181A.893
181A.850
Prohibited acts
181A.855
Qualifications for private security professional
181A.860
Application procedure
181A.865
Qualifications for executive manager or supervisory manager
181A.870
Board on Public Safety Standards and Training to establish standards
181A.875
Licenses and certificates
181A.880
Hearing if license or certificate denied, suspended or revoked
181A.885
Effect of being charged with crime
181A.890
Disposition of funds received by department
181A.891
Persons providing private security services on September 9, 1995
181A.893
Restrictions on entities employing private security providers
181A.895
State preemption of local laws relating to private security providers
181A.900
Procedures for licensing of private security entities
181A.902
Investigation of applicant’s character, competence and reliability
181A.904
License examination
181A.906
Firearm training
181A.908
Training through Bureau of Labor and Industries
181A.911
Interagency agreement
181A.913
Required statements to private security professionals
181A.914
Prohibitions relating to discharge of or discrimination against private security provider
181A.916
Hiring unlicensed private security entity
181A.918
Injunction against using services of unlicensed private security entity
181A.940
Definitions for ORS 181A.940 to 181A.946
181A.942
Eligibility to act as authorized tribal police officer
181A.944
Legislative purpose
181A.946
Application for nontribal police officers to exercise tribal police powers on tribal lands
181A.970
Short title
181A.972
Requirements for special campus security providers and private security providers on campuses of institutions of higher education
181A.990
Penalties
181A.995
Penalties relating to regulation of private security
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