Procedure when information requested by other than criminal justice agency
(1) When a person or agency, other than a criminal justice agency or a law enforcement agency, pursuant to ORS 181.555 (Establishment of procedures for access to criminal record information) (2), requests from the Department of State Police criminal offender information regarding an individual, if the departments compiled criminal offender information on the individual contains records of any conviction, or of any arrest less than one year old on which there has been no acquittal or dismissal, the department shall respond to the request as follows:
(a) The department shall send prompt written notice of the request to the individual about whom the request has been made. The department shall address the notice to the individuals last address known to the department and to the individuals address, if any, supplied by the person making the request. However, the department has no obligation to insure that the addresses are current. The notice shall state that the department has received a request for information concerning the individual and shall identify the person or agency making the request. Notice to the individual about whom the request is made shall include:
(A) A copy of all information to be supplied to the person or agency making the request;
(B) Notice to the individual of the manner in which the individual may become informed of the procedures adopted under ORS 181.555 (Establishment of procedures for access to criminal record information) (3) for challenging inaccurate criminal offender information; and
(C) Notice to the individual of the manner in which the individual may become informed of rights, if any, under Title VII of the Civil Rights Act of 1964, and notice that discrimination by an employer on the basis of arrest records alone may violate federal civil rights law and that the individual may obtain further information by contacting the Bureau of Labor and Industries.
(b) Fourteen days after sending notice to the individual about whom the request is made, the department shall deliver to the person or agency making the request the following information if held regarding any convictions and any arrests less than one year old on which the records show no acquittal or dismissal:
(A) Date of arrest.
(B) Offense for which arrest was made.
(C) Arresting agency.
(D) Court of origin.
(E) Disposition, including sentence imposed, date of parole if any and parole revocations if any.
(c) The department shall deliver only the data authorized under paragraph (b) of this subsection.
(d) The department shall inform the person or agency requesting the criminal offender information that the departments response is being furnished only on the basis of similarity of names and description and that identification is not confirmed by fingerprints.
(2) If the department holds no criminal offender information on an individual, or the departments compiled criminal offender information on the individual consists only of nonconviction data, the department shall respond to a request under this section that the individual has no criminal record and shall release no further information.
(3) The department shall keep a record of all persons and agencies making inquiries under ORS 181.555 (Establishment of procedures for access to criminal record information) (2) and shall keep a record of the names of the individuals about whom such persons or agencies are inquiring, regardless of whether the department has compiled any criminal offender information on the individuals. These records shall be public records and shall be available for inspection under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated).
(4) Nothing in ORS 181.066 (Department responsible for criminal identification information), 181.548 (Confidentiality of some records), 181.555 (Establishment of procedures for access to criminal record information) or this section is intended to prevent the department from charging a reasonable fee, pursuant to ORS 192.440 (Copies or inspection of public records), for responding to a criminal offender information inquiry or for making information available under ORS 181.555 (Establishment of procedures for access to criminal record information) or this section. [1981 c.905 §5]
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