Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0041 - Potentially Disqualifying Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A conviction of any of the crimes listed in these rules is potentially
			 disqualifying. Offenses or convictions that are classified as less than a
			 misdemeanor, such as violations or infractions, are not potentially
			 disqualifying (see ORS 161.505 to 161.565).
(2) The crimes listed in this section are
			 permanent review crimes which require that a fitness determination with a
			 weighing test be completed regardless of date of conviction.
(a) ORS 163.095, Aggravated murder
(b) ORS 163.107, Murder I
(c) ORS 163.115, Murder II
(d) ORS 163.118, Manslaughter I
(e) ORS 163.125, Manslaughter II
(f) ORS 163.145, Criminally negligent
			 homicide
(g) ORS 163.149,
			 Aggravated vehicular homicide
(h)
			 ORS 163.165, Assault III
(i) ORS
			 163.175, Assault II
(j) ORS
			 163.185, Assault I
(k) ORS 163.187,
			 Strangulation
(L) ORS 163.200,
			 Criminal mistreatment II
(m) ORS
			 163.205, Criminal mistreatment I
(n) ORS 163.225, Kidnapping II
(o) ORS 163.235, Kidnapping I
(p) ORS 163.263, Subjecting another person to
			 involuntary servitude in the second degree
(q) ORS 163.264, Subjecting another person to
			 involuntary servitude in the first degree
(r) ORS 163.266, Trafficking in
			 persons
(s) ORS 163.275,
			 Coercion
(t) ORS 163.355, Rape
			 III
(u) ORS 163.365, Rape
			 II
(v) ORS 163.375, Rape
			 I
(w) ORS 163.385, Sodomy
			 III
(x) ORS 163.395, Sodomy
			 II
(y) ORS 163.405, Sodomy
			 I
(z) ORS 163.408, Unlawful sexual
			 penetration II
(aa) ORS 163.411,
			 Unlawful sexual penetration I
(bb)
			 ORS 163.413, Purchasing sex with a minor, if the courts designate the offense
			 as a sex crime pursuant to ORS 163.413(3)(d), or the offense is the defendant's
			 second or subsequent convictions under ORS 163.413(3)(b)(B)
(cc) ORS 163.415, Sexual abuse III
(dd) ORS 163.425, Sexual abuse II
(ee) ORS 163.427, Sexual abuse I
(ff) ORS 163.432, Online sexual corruption of
			 a child in the second degree, if the offender reasonably believed the child to
			 be more than five years younger than the offender
(gg) ORS 163.433, Online sexual corruption of
			 a child in the first degree, if the offender reasonably believed the child to
			 be more than five years younger than the offender
(hh) ORS 163.435, Contributing to the sexual
			 delinquency of a minor
(ii) ORS
			 163.445, Sexual misconduct, if the offender is at least 18 years of age
(jj) ORS 163.465, Public
			 indecency
(kk) ORS 163.467, Private
			 indecency
(LL) ORS 163.525, Incest,
			 with a child victim
(mm) ORS
			 163.535, Abandonment of a child
(nn) ORS 163.537, Buying or selling a person
			 under 18 years of age
(oo) ORS
			 163.547, Child neglect I
(pp) ORS
			 163.670, Using child in display of sexually explicit conduct
(qq) ORS 163.680, Paying for viewing a
			 child's sexually explicit conduct
(rr) ORS 163.684, Encouraging child sexual
			 abuse I
(ss) ORS 163.686,
			 Encouraging child sexual abuse II
(tt) ORS 163.687, Encouraging child sexual
			 abuse III
(uu) ORS 163.688,
			 Possession of materials depicting sexually explicit conduct of a child
			 I
(vv) ORS 163.689, Possession of
			 materials depicting sexually explicit conduct of a child II
(ww) ORS 163.700, Invasion of personal
			 privacy II
(xx) ORS 163.701,
			 Invasion of personal privacy I
(yy)
			 ORS 163A.005, All crimes listed in definition of "Sex Crime", including
			 Transporting child pornography into the state
(zz) ORS 164.055, Theft I
(aaa) ORS 164.057, Aggravated theft
			 I
(bbb) ORS 164.098, Organized
			 retail theft
(ccc) ORS 164.125,
			 Theft of services
(ddd) ORS
			 164.215, Burglary II
(eee) ORS
			 164.225, Burglary I
(fff) ORS
			 164.325, Arson I
(ggg) ORS 164.377,
			 Computer crime
(hhh) ORS 164.405,
			 Robbery II
(iii) ORS 164.415,
			 Robbery I
(jjj) ORS 165.013,
			 Forgery I
(kkk) ORS 165.022,
			 Criminal possession of a forged instrument I
(LLL) ORS 165.032, Criminal possession of a
			 forgery device
(mmm) ORS 165.800,
			 Identity theft
(nnn) ORS 165.803,
			 Aggravated identity theft
(ooo) ORS
			 167.012, Promoting prostitution
(ppp) ORS 167.017, Compelling
			 prostitution
(qqq) ORS 167.057,
			 Luring a minor
(rrr) ORS 167.320,
			 Animal abuse I
(sss) ORS 167.322,
			 Aggravated animal abuse I
(ttt) ORS
			 167.333, Sexual assault of animal
(uuu) ORS 475.752(1), (2), and (6),
			 Prohibited acts generally (regarding delivery and manufacture drug crimes;
			 formerly ORS 475.840, 2005-2011)
(vvv) ORS 475.806, Unlawful manufacture of
			 hydrocodone
(www) ORS 475.808,
			 Unlawful manufacture of hydrocodone within 1,000 feet of school
(xxx) ORS 475.810, Unlawful delivery of
			 hydrocodone
(yyy) ORS 475.812,
			 Unlawful delivery of hydrocodone within 1,000 feet of school
(zzz) ORS 475.816, Unlawful manufacture of
			 methadone
(aaaa) ORS 475.818,
			 Unlawful manufacture of methadone within 1,000 feet of school
(bbbb) ORS 475.820, Unlawful delivery of
			 methadone
(cccc) ORS 475.822,
			 Unlawful delivery of methadone within 1,000 feet of school
(dddd) ORS 475.826, Unlawful manufacture of
			 oxycodone
(eeee) ORS 475.828,
			 Unlawful manufacture of oxycodone within 1,000 feet of school
(ffff) ORS 475.830, Unlawful delivery of
			 oxycodone
(gggg) ORS 475.832,
			 Unlawful delivery of oxycodone within 1,000 feet of school
(hhhh) ORS 475.840(1) and (2), Prohibited
			 acts generally (regarding delivery and manufacture drug crimes formerly ORS
			 475.992; renumbered to ORS 475.752 in 2011)
(iiii) ORS 475.846, Unlawful manufacture of
			 heroin
(jjjj) ORS 475.848, Unlawful
			 manufacture of heroin within 1,000 feet of school
(kkkk) ORS 475.850, Unlawful delivery of
			 heroin
(LLLL) ORS 475.852, Unlawful
			 delivery of heroin within 1,000 feet of school
(mmmm) ORS 475.866, Unlawful manufacture of
			 3,4-methylenedioxymethamphetamine
(nnnn) ORS 475.868, Unlawful manufacture of
			 3,4-methylenedioxymethamphetamine within 1,000 feet of school
(oooo) ORS 475.870, Unlawful delivery of
			 3,4-methylenedioxymethamphetamine
(pppp) ORS 475.872, Unlawful delivery of
			 3,4-methylenedioxymethamphetamine within 1,000 feet of school
(qqqq) ORS 475.876, Unlawful manufacture of
			 cocaine
(rrrr) ORS 475.878,
			 Unlawful manufacture of cocaine within 1,000 feet of school
(ssss) ORS 475.880, Unlawful delivery of
			 cocaine
(tttt) ORS 475.882,
			 Unlawful delivery of cocaine within 1,000 feet of school
(uuuuu) ORS 475.886, Unlawful manufacture of
			 methamphetamine
(vvvv) ORS 475.888,
			 Unlawful manufacture of methamphetamine within 1,000 feet of school
(wwww) ORS 475.890, Unlawful delivery of
			 methamphetamine
(xxxx) ORS 475.892,
			 Unlawful delivery of methamphetamine within 1,000 feet of school
(yyyy) ORS 475.904, Unlawful delivery of
			 controlled substance within 1,000 feet of school
(zzzz) ORS 475.906, Penalties for
			 distribution to minors
(aaaaa) ORS
			 475.908, Causing another person to ingest a controlled substance
(bbbbb) ORS 475.910, Application of
			 controlled substance to the body of another person
(ccccc) ORS 475.914, Prohibited acts for
			 registrants (with the Oregon State Board of Pharmacy)
(ddddd) ORS 475C.333, Prohibition against
			 giving marijuana item as prize
(eeeee) ORS 475C.345, Unlawful delivery of
			 marijuana item
(fffff) ORS
			 475C.349, Unlawful manufacture of marijuana item
(ggggg) ORS 475C.373, Unlawful sale or
			 delivery of marijuana paraphernalia
(hhhhh) Any crime of attempt, solicitation,
			 or conspiracy to commit a crime listed in this section pursuant to ORS 161.405,
			 161.435, or 161.450
(iiiii) Any
			 crime in any other jurisdiction that is the substantial equivalent of any of
			 the Oregon crimes listed in section (2) of this rule, as determined by BCU.
			 This includes any U.S. military crimes which are the substantial equivalent of
			 crimes listed in section (2) of this rule.