Or. Admin. R. 167-050-0130 - Criminal Records Check Process

(1) Disclosure of Information by Subject Individual.
(a) Preliminary to a criminal records check, the Secretary of State may require a subject individual to complete and sign the Secretary of State's Criminal Records Request form and, if requested by the Secretary of State, a fingerprint card. The Criminal Records Request form shall require the following information: name, birth date, Social Security Number, physical characteristics, driver's license or identification card number, current address, and prior residences. The Secretary of State Criminal Records Request form may also require details concerning any circumstance listed in OAR 167-050-0170(2).
(b) A subject individual shall complete and submit to the Secretary of State the Criminal Records Request form and, if requested, a fingerprint card, within five (5) business days of receiving the forms.
(c) The Secretary of State shall not request a fingerprint card from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq., or unless the Secretary of State also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 167-050-0170(3)(d)(B).
(d) A subject individual shall disclose additional information as requested by the Secretary of State in order to resolve any issue(s) hindering the completion of a criminal records check within five (5) business days of the request.
(2) When Check is Required. The Secretary of State may conduct, or request that the Oregon Department of State Police conduct, a criminal records check when:
(a) A person meets the definition of a subject individual; or
(b) Required by federal or state laws or regulations, other rules adopted by the Secretary of State, or by contract or written agreement with the Secretary of State;
(3) Which Criminal Records Check(s) Is Conducted. When the Secretary of State determines under subsection (2) of this rule that a criminal records check is needed, the Secretary of State may request or conduct an Oregon Criminal Records Check, or a Nationwide Criminal Records Check, or both.


Or. Admin. R. 167-050-0130
BSD 1-2008. f. & cert. ef. 7-16-08

Stat. Auth.: ORS 181.534 & 177.075

Stats. Implemented: ORS 181.534(9)

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