Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0030 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to conduct a background check on
			 an SI, BCU must receive authorization from the SI allowing the criminal records
			 check and abuse check to proceed. If the SI refuses to provide authorization
			 for the background check, BCU terminates the background check immediately and
			 the Department may not allow the SI to work, volunteer, be employed, reside, or
			 otherwise perform in positions covered by these rules.
(2) The Department conducts a criminal
			 records checks on an SI through LEDS maintained by the Oregon State Police
			 (OSP) in accordance with ORS chapter 181A and the rules adopted pursuant
			 thereto (see OAR Chapter 125, division 007 and Chapter 257, division
			 15).
(3) If a national criminal
			 records check of an SI is necessary, OSP provides the Department the results of
			 criminal records checks conducted pursuant to ORS
			 181A.195,
			 including fingerprint identification, through the FBI.
(4) Only Department employees who are ADs may
			 be authorized and approved to receive and evaluate criminal offender
			 information and other criminal records information, and to conduct fitness
			 determinations.
(5) The Department
			 submits the criminal records check to BCU through ORCHARDS. In accordance with
			 OAR 125-007-0220, the criminal records check request must include the following
			 information regarding an SI:
(a) Legal name
			 and aliases;
(b) Date of
			 birth;
(c) Address and recent
			 residency information;
(d) Driver
			 license or identification card information;
(e) Disclosure of potentially disqualifying
			 criminal history:
(A) While the SI may provide
			 minimal information to meet this requirement, the Department finds that more
			 details from the SI provides positive information for the weighing test in OAR
			 407-007-0060. The SI may disclose details of potentially disqualifying
			 convictions and potentially disqualifying criminal conditions at a minimum, and
			 may disclose all arrests, charges, and convictions regardless of outcome or
			 date of occurrence. Disclosure includes any juvenile or adult record of
			 custody, arrests, or charges; and the outcome of custody, arrests, or charges
			 against a juvenile or adult.
(B)
			 The disclosed crimes and the dates must reasonably match the SI's criminal
			 offender information and other criminal history information, as determined by
			 the Department.
(C) The SI is not
			 required to disclose any criminal history which has been expunged or set aside
			 by a court in any jurisdiction. However, if the SI does disclose expunged or
			 set aside criminal history, the Department may not consider the criminal
			 history as potentially disqualifying or in a weighing test if the Department
			 has proof that the criminal history has been expunged or set aside by a court
			 in any jurisdiction.
(D) The
			 Department may only consider criminal history as allowed in the weighing test,
			 OAR 407-007-0060.
(f)
			 Disclosure of other history required under OAR 407-007-0400  to
			 407-007-0460.
(g) Disclosure of
			 other information to be considered in the event of a weighing test if the SI
			 discloses any criminal history or other history required under OAR 407-007-0400  to 407-007-0460:
(A) The SI may provide
			 mitigating information for BCU to review in a weighing test.
(B) Human Resources or BCU may require the SI
			 to provide other information as needed to conduct the weighing test.
(h) Position title and description
			 of duties to be considered.