Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0025 - Access to and Use of Criminal Offender Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Access to OSP criminal offender
			 information by any means shall be limited to:
(a) Criminal Justice Agencies, where the
			 information is to be used for the administration of criminal justice, Criminal
			 Justice Agency employment, or the information is required to implement a
			 federal or state statute, local ordinance, Executive Order, or administrative
			 rule that expressly refers to criminal conduct and contains requirements or
			 exclusions expressly based on such conduct, or other demonstrated and
			 legitimate needs;
(b) Designated
			 Agencies upon Executive Order of the Governor, where the information is
			 required to implement a federal or state statute, Executive Order, or
			 administrative rule that expressly refers to criminal conduct and contains
			 requirements or exclusions expressly based on such conduct or for agency
			 employment purposes, or licensing purposes, or other demonstrated and
			 legitimate needs:
(A) When a Designated Agency
			 requests criminal offender information about an individual from OSP under ORS
			 181A.230(1)
			 for agency employment, licensing or other permissible purposes, the agency
			 shall provide documentation that the individual:
(i) Gave prior written consent for the agency
			 to make a criminal offender record check through the OSP; or
(ii) Has received written notice from the
			 agency that a criminal offender record check may be made through the OSP.
			 Notice shall be provided prior to the time the request is made and shall
			 include: Notice of the manner in which the individual may be informed of the
			 procedures adopted under ORS
			 181A.230(3)
			 for challenging inaccurate criminal offender information; and notice 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) When an authorized agency or organization
			 requests, in written form, criminal offender information about an individual
			 from OSP under ORS
			 181A.230(1),
			 that agency will be charged the applicable fee noted in the CJIS Fee Schedule
			 for each individual checked (fee does not apply when check is made by agency
			 using their LEDS terminal).
(c) Qualified entities upon successful
			 determination as being a qualified entity by the OSP Identification Services
			 Section. Qualified entities may request from OSP Identification Services
			 Section a criminal records check for purposes of evaluating the fitness of a
			 subject individual as an employee, contractor or volunteer. The OSP
			 Identification Services Section may access state and federal criminal records
			 only through use of the subject individual's fingerprints.
(A) Before the OSP Identification Services
			 Section conducts a criminal records check based on the subject individual's
			 fingerprints:
(i) The OSP Identification
			 Services Section shall determine whether the entity requesting the criminal
			 records check is a qualified entity as defined in 257-010-0015(15)  and has
			 executed a user agreement making that determination;
(ii) The qualified entity must establish
			 criteria to be used by the OSP Identification Services Section in reviewing the
			 criminal offender information for a final record check determination;
(iii) The qualified entity must provide the
			 criteria established under paragraph (ii) of this subsection to the OSP
			 Identification Services Section; and
(iv) 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 OSP Identification
			 Services Section or the Federal Bureau of Investigation.
(B) Upon receipt of a subject individual's
			 criminal offender information, the OSP Identification Services Section shall
			 make a final record check determination by comparing the criminal offender
			 information with the criteria provided to the OSP Identification Services
			 Section by the qualified entity under subsection (A)(ii) of this section. In
			 making the final record check determination, the OSP Identification Services
			 Section may only consider information that the Department of State Police may
			 disclose under ORS
			 181A.245.
			 The OSP Identification Services Section may only consider records of any
			 conviction, or of any arrest less than one year old on which there has been no
			 acquittal or dismissal.
(C) The OSP
			 Identification Services Section shall only respond to a qualified entity's
			 inquiry concerning a subject individual in the following manner and shall not
			 provide specific criminal offender information:
(i) Yes. (No disqualifying criteria
			 established by the qualified entity and ORS
			 181A.245 was found.)
(ii) No. (One or more
			 disqualifying criteria established by the qualified entity and ORS
			 181A.245 was found.)
(d) Regional Information Sharing Systems,
			 where the information is to be used to identify, target, and remove criminal
			 conspiracies and activities and terrorist conspiracies and activities that
			 occur across law enforcement and state jurisdictional boundaries. Access to
			 Oregon Criminal Offender Information by Regional Information Sharing Systems is
			 limited to only Oregon Criminal Offender Information that exists in
			 computerized format;
(e) A person
			 or agency not defined as a Criminal Justice, Designated Agency, or Qualified
			 Entity has access only through the OSP Identification Services Section pursuant
			 to ORS
			 181A.230 and
			 181A.245.
			 The request must be submitted in writing and may be hand carried or mailed to
			 the OSP Identification Services Section. The applicable fee(s) noted in the
			 CJIS fee will be charged for each check, as well as when certification by a
			 notary public is requested. Checks are to be made payable to the Oregon State
			 Police. Inquiries are to be addressed to Oregon State Police, Identification
			 Services Section, 3565 Trelstad Ave SE, Salem, OR 97317. Inquiries may also be
			 made through the OSP webpage at
www.oregon.gov/osp
, when a customer account is
			 established for billing purposes.
(A) The
			 requesting party must furnish OSP with sufficient information to assist
			 identifying and notifying the individual of interest. If the information is
			 sought for employment purposes the requester must state on the written request
			 that the individual has been so advised and the manner in which the individual
			 was so advised;
(B) These
			 individuals will be advised by letter the name of the requestor, and that they
			 are allowed to review their criminal history for inaccurate or incomplete
			 information. They will also be advised that they may become informed of certain
			 rights under Title VII of the Civil Rights Act of 1964 by contacting the Bureau
			 of Labor and Industries;
(C) If a
			 challenge is received prior to the end of the statutory 14 day waiting period,
			 response to the requester will be held in abeyance until the challenge is
			 resolved;
(D) OSP will respond to
			 all requests and furnish Oregon conviction information and any arrest
			 information less than one year old on which there has been no acquittal or
			 dismissal. If the compiled information does not meet the above criteria or
			 there is no record of the subject, OSP will reply to the requester that there
			 is no criminal record.