Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 9 - Oklahoma Open Records › Subchapter 1 - Criminal History Records › Section 375:9-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly states
				  otherwise:
"Arrears"
means money which is owed but left
				  unpaid until a future date.
"Bureau"
means the Oklahoma State Bureau of
				  Investigation.
"CHIRP"
means the Criminal History Information
				  Request Portal, the OSBI's online system for members of the public to request
				  criminal history record checks.
"Commercial purpose"
means for purposes of
				  employment, licensing (including Self-Defense Act), adoption, foster parenting,
				  child care, insurance, workers compensation claims, tenancy requirements, civil
				  law suit, and any criminal history record check mandated by law.
"Criminal history record"
means the "rap sheet"
				  form prepared by the OSBI containing a chronological history of individuals
				  arrests, charges and the dispositions of same within the state of Oklahoma
				  including "rap-back information" as determined appropriate and necessary by the
				  OSBI. OSBI criminal history records do list an individual's national arrest
				  status.
"Criminal justice agency"
means an agency which
				  is a governmental agency which meets the definition of a criminal justice
				  agency as contained in the Department of Justice Regulation on Criminal Justice
				  Information Systems (title 28, CFR, Part 20, Subpart A), which defines criminal
				  justice agency as "(c)(1) courts; (2) a governmental agency or any subunit
				  thereof which performs the administration of criminal justice pursuant to
				  statute or executive order, and which allocates a substantial part of its
				  annual budget to the administration of criminal justice ("allocates a
				  substantial portion" has been interpreted to mean more than 50% by the
				  originator of Regulations. State and Federal Inspector General offices are
				  included.) (d) The administration of criminal justice means performance by any
				  of the following activities; detection, apprehension, pretrial release,
				  post-trial release, prosecution, adjudication, correctional supervision, or
				  rehabilitation of accused persons or criminal offenders. The administration of
				  criminal justice shall include criminal identification activities and the
				  collections, storage, and dissemination of criminal history record
				  information."
"Director"
means the Director of the Oklahoma
				  State Bureau of Investigation.
"Non-reportable offense"
means offenses which
				  are not recorded in criminal history records, adapted from the list of FBI
				  non-serious offenses. Other misdemeanor and municipal offenses may also qualify
				  as non-serious. See offenses exempted definition. Non-reportable offenses
				  include:
(A) Allow minor in bar; AWOL;
				(unless referred to District Court);
(B) Body attachments;Bond (surrender,
				increase, exoneration, or revocation);
(C) Careless or reckless driving (As long as
				under influence of drugs or liquor, hit and run, vehicular manslaughter;
				involuntary manslaughter NOT involved); Civil commitment; Curfew
				violation;
(D) Disobeying lawful
				order; Disturbance; Disturbing the peace' Dog laws; Driving while license
				suspended or revoked; Drunk; (non-traffic charge); Drug Court sanction/District
				Court sanction;
(E) Ex-convict
				registration;
(F) Failure to pay
				child support warrant; false fire alarm; fighting; fireworks; fishing without a
				license; for identification purposes only;
(G) Failure to yield for emergency vehicle
				(blue light or siren); Felony registration;
(H) General principals; Going through red
				light;
(I) Hold (In-State, Federal,
				and Tribal ONLY); Hunting without a license;
(J) Investigation (unaccompanied by criterion
				charge); Investigation (accompanied by criterion charge); Investigation mental;
				jaywalking; juvenile commitment (mental);
(K) Littering; Loitering;
(L) Material witness; Mental/Lunacy; Minor in
				bar; Minor attempting to buy beer/liquor; Minor in consumption; Minor in
				gambling house; Minor in possession of alcohol/beer; Minor in possession of
				tobacco;
(M) No driver's license
				(operating auto with altered license is considered a serious charge);
(N) Obstructing traffic; Operating without a
				licensee;
(O)
				Panhandling/aggressive panhandling; Parental responsibility-failure to control
				juvenile; Parking warrants; Possess of open bottle or container; Profane
				language; Public drunk; Public Intoxication; Public nuisance;
(P) Re-booked on suspension; Runaway;
(Q) Sanction (Drug Court/District
				Court); Sentencing; Soliciting without a permit; Suicide (attempted);
(R) Taxes due the state; Transporting open
				container; Traffic violations (minor traffic, vehicle and licensing charge);
				Truancy;
(S) Use of language to
				arouse anger;
(T) Voluntary
				commitment;
(U) Weekender; Writ;
				Warrant (failure to appear, pay or comply for a non-reportable
				offense);
"Offenses exempted"
means non-reportable
				  offenses or crimes listed under the definition of non-reportable offenses. The
				  OSBI may also determine that other misdemeanor and municipal offenses are also
				  non-reportable. Offenses may be considered by the OSBI to be non-reportable if
				  it is a minor infraction which would not result in substantial arm to any
				  individual or to the public's health or safety. Where harem is pecuniary,
				  substantial shall mean an amount in excess of $50.00. For example, although the
				  offense of driving under the influence is a misdemeanor it toes not qualify as
				  a non-reportable offense. It shall be maintained in criminal history records
				  because the offense poses a significant risk of harm to the individual's public
				  safety.
"OSBI"
means the Oklahoma State Bureau of
				  Investigation
"Other purpose"
shall include such things as
				  personal safety and community awareness.
"Rap-back information"
means a follow-up
				  chronological history of individuals arrests, charges and the dispositions of
				  same within the state of Oklahoma that occur after the date after the
				  request.
"Request"
means a request for criminal history
				  records from the OSBI.
"Requestor"
means the person, governmental
				  agency, or other entity who makes a request for criminal history
				  records.
Added at 10 Ok Reg 4793, eff 9-17-93 (emergency); Added at
					 11 Ok Reg 3323, eff 6-27-94; Amended at 16 Ok Reg 3323, eff 7-26-99; Amended at
					 17 Ok Reg 316, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2540, eff 6-26-00;
					 Amended at 30 Ok Reg 1802, eff 8-1-13