ORS 181.545¹
Voluntary Central Criminal Records Check Registry

(1) The Department of State Police shall establish a Voluntary Central Criminal Records Check Registry.

(2) An individual who is required to submit to a criminal records check pursuant to ORS 181.533 (Criminal records check), 181.534 (Criminal records check), 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 267.237 (Criminal records check) may enroll in the registry as provided in this section.

(3)(a) The department shall prescribe by rule the form and manner for enrolling in the registry. The department shall make print and electronic applications for enrollment in the registry available for use by qualified entities under ORS 181.533 (Criminal records check) and 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), authorized agencies under ORS 181.534 (Criminal records check) and districts under ORS 267.237 (Criminal records check).

(b) Upon receiving an application for enrollment in the registry, the department shall complete a criminal records check under ORS 181.534 (Criminal records check). The department shall enroll the individual in the registry if:

(A) The department determines the individual has no criminal history;

(B) The individual has paid the application fee established by the department under subsection (11) of this section; and

(C) The individual has complied with the rules of the department adopted under this section.

(4) The department may conditionally enroll an individual in the registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has met other requirements of the department for enrollment in the registry.

(5) The department shall adopt by rule a process by which an individual may appeal denial of enrollment in the registry or removal from the registry.

(6)(a) A qualified entity under ORS 181.533 (Criminal records check) or 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) may accept evidence of enrollment in the registry from an individual who is enrolled in the registry in lieu of the qualified entitys own requirement of completing a criminal records check.

(b) An authorized agency under ORS 181.534 (Criminal records check) may accept evidence of enrollment in the registry from an individual who is enrolled in the registry in lieu of the authorized agencys own requirement of completing a criminal records check.

(c) A district under ORS 267.237 (Criminal records check) may accept evidence of enrollment in the registry from an individual who is enrolled in the registry in lieu of the districts own requirement of completing a criminal records check.

(7) If an individual is required to submit to a criminal records check under ORS 181.533 (Criminal records check), 181.534 (Criminal records check), 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 267.237 (Criminal records check) for the purpose of employment, the qualified entity, authorized agency or district may not inquire as to whether the individual is enrolled in the registry until after the qualified entity, authorized agency or district has offered the individual employment.

(8) Enrollment in the registry expires two years from the date of enrollment, but may be renewed upon:

(a) Application to the department;

(b) Payment of the renewal fee established by the department under subsection (11) of this section; and

(c) Compliance with rules adopted by the department under this section.

(9) An individual who enrolls in the registry established under this section may at any time request that the department remove the individual from the registry. Upon receiving a request under this subsection, the department shall remove the individual from the registry. The department shall prescribe by rule the form and manner of making a request under this subsection.

(10) The department shall conduct on an annual basis a criminal records check on individuals enrolled in the registry. If the criminal records check reveals information that would make the individual ineligible for enrollment, the department shall remove the individual from the registry and inform a qualified entity or an authorized agency that has accepted evidence of enrollment in the registry in lieu of completing a criminal records check of the removal.

(11) The department shall adopt all rules necessary and proper to carry out this section, including but not limited to rules establishing application and renewal fees. [2013 c.694 §1]

Note: 181.545 (Voluntary Central Criminal Records Check Registry) 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.

See also annota­tions under ORS 181.510 to 181.540 in permanent edi­tion.

Atty. Gen. Opinions

Access to confidential crime records and reports by Oregon Law Enforce­ment Council, (1974) Vol 36, p 782

1 Legislative Counsel Committee, CHAPTER 181—State Police; Crime Reporting and Records; Public Safety Standards and Training; Sex Offender Reporting; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2013ors181.­pdf (2013) (last ac­cessed Apr. 27, 2014).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2013, Chapter 181, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­2013ano181.­html (2013) (last ac­cessed Apr. 27, 2014).
 
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