OAR 736-002-0042: Criminal Records Check Process

(1) Disclosure of Information by Subject Individual. (a) Preliminary to a criminal records check, a subject individual shall complete and sign the OPRD Criminal Records Request and, if requested by the Department, a fingerprint card. The Criminal Records Request form shall require the information provided in OAR 125-007-0220(1), any other information deemed necessary by the authorized designee and details concerning any circumstance listed in OAR 125-007-0270. (b) A subject individual shall complete and submit the OPRD Criminal Records Request, and, if requested, a fingerprint card within five business days of receiving the request. An authorized designee may extend the deadline for good cause. (c) The Department may not request a fingerprint card from a subject individual under the age of 18 years except as provided in OAR 125-007-0220(3). (d) Within a reasonable period of time, as established by an authorized designee, a subject individual shall disclose additional information as requested by the Department in order to resolve any issue hindering the completion of a criminal records check. (2) When A Criminal Records Check Is Conducted. An authorized designee may conduct or request the Oregon Department of State Police to conduct a criminal records check when: (a) An individual meets the definition of “subject individual”; or (b) Required by federal law or regulation, by state law or administrative rule, by contract or written agreement with the Department, or by Department policy. (3) The Type of Criminal Records Check to Conduct. When an authorized designee determines under section (2) that a criminal records check is needed, the authorized designee shall proceed as follows: (a) LEDS Criminal Records Check. The authorized designee may conduct a LEDS criminal records check as part of any fitness determination conducted in regard to a subject individual. (b) Oregon Criminal Records Check. The authorized designee may request the Oregon Department of State Police to conduct an Oregon criminal records check (fingerprints required) when: (A) The authorized designee determines that an Oregon criminal records check is warranted after review of the information provided by the subject individual, the results of a LEDS criminal records check, or other criminal records information; or (B) The subject individual’s job duties require a fingerprint criminal records check. (c) Nationwide Criminal Records Check. The authorized designee may request the Oregon Department of State Police to conduct a nationwide criminal records check when: (A) A subject individual has lived outside Oregon for 60 or more consecutive days during the previous three (3) years; (B) Information provided by the subject individual or the results of a LEDS or Oregon criminal records check provide reason to believe, as determined by an authorized designee, that the subject individual has a criminal history outside of Oregon; (C) As determined by an authorized designee, there is reason to question the identity of or information provided by a subject individual. Reasonable grounds to question the information provided by a subject individual include, but are not limited to: the subject individual discloses a Social Security Number that appears to be invalid; or the subject individual does not have an Oregon driver’s license or identification card; (D) A check is required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with the Department; (E) An Executive Service or Management Service employee seeks to serve as an authorized designee; or (F) A subject individual is an employee working in, moving to, or applying for a position designated under OAR 736-002-0038 (1)(a). (4) Contracted services. The department may contract with a private vendor to provide confidential criminal record check services on its behalf.