OAR 331-030-0007: Criminal Conviction Prequalification Determination

(1) Prior to beginning required education or training, a person convicted of a crime may petition the Office for a prequalification determination as to whether their criminal conviction(s) may prevent the person from receiving an authorization. (2) A person seeking a prequalification determination must: (a) Submit a petition in a manner prescribed by the Office; (b) Disclose all criminal convictions; (c) Complete a criminal background check in accordance with ORS 181A.195, OAR 125-007-0200 through 127-007-0330, and (d) Upon request from the Office, authorize the release of additional information that the Office deems necessary to make the requested determination. (3) To be complete, a petition must include: (a) a complete and signed determination request form; (b) $50 for the predetermination; the fee is nonrefundable; (c) $50 for a fingerprint background check; the fee is nonrefundable; (d) The following records related to the final judgment of conviction: (A) A certified copy of the judgment; (B) Any charging document(s); (C) The arrest report(s); (D) Probation and parole records, if they exist. (E) If any of the records in (3)(d)(A-D) no longer exist, have been sealed or are otherwise unavailable, petitioner must provide evidence from the agency that held the record that the record no longer exists. (e) A written statement describing the facts underlying the criminal conviction, and any intervening circumstances. (f) A written statement or other document listing all criminal convictions, including dates of conviction and a summary of the facts, if the petitioner has more than one. (4) Upon receiving a complete petition, fees, background check results, and any additional information requested by the Office, the Office will issue an “eligible” or “not eligible” determination for licensure in accordance with the requirements in ORS 181A.195 and ORS 670.280. (5) If any of the information required under subsections (2) and (3) is not provided, within 60 days of the filing of the petitions or request from the Office, the petition will be deemed incomplete and will be closed. (6) An “eligible” determination may be rescinded at the time the petitioner submits a completed application for an authorization issued by the Office if the petitioner: (a) Has allegations or charges pending in criminal court; or (b) Failed to disclose a previous criminal conviction; or (c) Has been convicted of another crime between the time that the eligible determination was issued and the time the application for licensure was submitted; or (d) Has been convicted of a crime that, during between the time the prequalification determination was issued and the time the application for licensure was submitted, became subject to a change in state or federal law that prohibits licensure of a conviction of that crime. (7) The Office will consider a not-eligible determination when the petitioner submits a completed application for an authorization. (8) A prequalification determination is not considered a final determination. (9) The petition and prequalification determination are subject to Oregon’s public records laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure. Records and information obtained in the investigation of the petition for purposes of making the prequalification determination are confidential and subject to disclosure under ORS 676.590. (10) The results of a national criminal records check provided by the Federal Bureau of Investigation or the Oregon State Police may not be disseminated by the Office. (11) All fees associated with a fingerprint-based background check are the responsibility of the petitioner. (12) The prequalification determination does not replace the application process.