Criminal records check
- • qualified entities
- • rules
- • fees
(1) As used in this section:
(a) Authorized agency means the Department of State Police or other governmental agency designated by the State of Oregon to report, receive or disseminate criminal offender information.
(b) Qualified entity means a business or organization that:
(A) Provides care or placement services, or licenses or certifies others to provide care or placement services, for children, elderly persons or dependent persons;
(B) Is not governed by a state regulatory or licensing agency; and
(C) Has been determined by an authorized agency to meet the criteria established by the authorized agency by rule under subsection (9) of this section.
(c) Subject individual means a person who is employed or seeks to be employed by a qualified entity or who is providing services or seeks to provide services to a qualified entity on a contractual or volunteer basis.
(2) An entity may request from an authorized agency a criminal records check for purposes of evaluating the fitness of a subject individual as an employee, contractor or volunteer. The authorized agency may access state and federal criminal records under this subsection only through use of the subject individuals fingerprints.
(3) Before an authorized agency may conduct a criminal records check under this section:
(a) The authorized agency must determine whether the entity requesting the criminal records check is a qualified entity;
(b) The qualified entity must establish criteria, subject to rules adopted by the Oregon Department of Administrative Services under ORS 181.547 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), to be used by the authorized agency in reviewing the criminal offender information for a final record check determination;
(c) The qualified entity must provide the criteria established under paragraph (b) of this subsection to the authorized agency; and
(d) The qualified entity must have informed the subject individual that the qualified entity might request a fingerprint-based criminal records check and that the subject individual may obtain a copy of the record check report from, or challenge the accuracy or completeness of the record check report through, the authorized agency or the Federal Bureau of Investigation.
(4)(a) Upon receipt of a subject individuals criminal offender information, the authorized agency shall use the criteria provided to the authorized agency by the qualified entity under subsection (3)(c) of this section and rules adopted by the Oregon Department of Administrative Services under ORS 181.547 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks) to make a fitness determination. In making the final record check determination, the authorized agency may consider only information that the Department of State Police may disclose under ORS 181.560 (Procedure when information requested by other than criminal justice agency).
(b) An authorized agency is immune from civil liability that might otherwise be incurred or imposed for making the final record check determination under this subsection.
(5) An authorized agency may not transfer a fingerprint card used to conduct the criminal records check unless the public agency or person receiving the fingerprint card agrees to destroy or return the fingerprint card to the authorized agency.
(6) If the public agency or person returns a fingerprint card to the authorized agency, the authorized agency shall destroy the fingerprint card. The authorized agency may not keep a record of the fingerprints.
(7) The authorized agency shall permit a subject individual to inspect the individuals Oregon and Federal Bureau of Investigation criminal offender information after positive identification has been established based upon fingerprints.
(8) Challenges to the accuracy or completeness of information provided by the authorized agency, the Federal Bureau of Investigation and agencies reporting information to the authorized agency or the federal bureau must be made through the authorized agency or the federal bureau.
(9) The authorized agency shall adopt rules to implement this section. The rules may include but are not limited to:
(a) Criteria to be used by the authorized agency to determine whether an entity is a qualified entity; and
(b) Fees to be charged for conducting criminal records checks under this section in amounts not to exceed the actual costs of acquiring and furnishing criminal offender information. [2001 c.871 §1; 2011 c.547 §20; 2013 c.285 §2]
Note: 181.533 (Criminal records check) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information