Or. Admin. Code § 407-007-0281 - Potentially Disqualifying Convictions
A conviction of any of the following crimes is potentially disqualifying. However, 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).
(1) Pursuant to OAR
125-007-0270, any conviction of
a misdemeanor or felony in any jurisdiction, a U.S. military crime, or an
international crime is a permanent review crime for the following:
(a) An SI associated with Department Child
Welfare adoptive and foster homes subject to criminal records checks under OAR
413-120-0400 to
413-120-0475.
(b) An SI who is an employee, contractor or
volunteer for a Department Child Welfare licensed child caring agency governed
by OAR chapter 419 division 400.
(c) An SI, as listed in OAR
407-007-0210(12)(a)(H)
associated with a child adoptive or foster home licensed by a child caring
agency governed by OAR chapter 419 division 400.
(2) Potentially disqualifying convictions for
SIs subject to ORS 475 A and OAR 333-333-4100 include section (3) of this rule
with the following exceptions:
(a) BCU may
not consider the following for SIs applying for license or renewal of license:
(A) The manufacture of psilocybin or the
manufacture of a marijuana item, as defined in ORS
475C.009, if:
(i) The date of the conviction is two or more
years before the submission date of the application; and
(ii) The SI has not been convicted more than
once for the manufacture of psilocybin or a marijuana item; or
(B) The possession of a controlled
substance, as defined in ORS
475.005, or a marijuana item, as
defined in ORS 475C.009, if:
(i) The date of the conviction is two or more
years before the date of the application; or
(ii) The person has not been convicted more
than once for the possession of a controlled substance or a marijuana
item.
(b) BCU
may only consider the following for SIs applying for a permit or renewal of a
permit:
(A) Any felony conviction;
or
(B) Any felony or misdemeanor
conviction under OAR ORS
475A.210 to
475A.722 if the date of the
conviction is less than two years before the date of the application or
renewal.
(3)
For all other SIs subject to these rules:
(a)
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
(UUUU) 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
475.912, Unlawful delivery of
imitation controlled substance
(DDDDD) ORS
475.914, Prohibited acts for
registrants (with the Oregon State Board of Pharmacy)
(EEEEE) ORS
475C.333, Prohibition against
giving marijuana item as prize
(FFFFF) ORS
475C.345, Unlawful delivery of
marijuana item
(GGGGG) ORS
475C.349, Unlawful manufacture
of marijuana item
(HHHHH) 475C.369
Administration to another person under 18 years of age
(IIIII) ORS
475C.373, Unlawful sale or
delivery of marijuana paraphernalia
(JJJJJJ) Or Law 2021 Ch. 542 Sec. 41,
Unlawful production of marijuana (to be repealed 1/1/2024)
(KKKKK) 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
(LLLLL) Any crime in any other jurisdiction
that is the substantial equivalent of any of the Oregon crimes listed in
section (3)(a) of this rule, as determined by BCU. This includes any U.S.
military crimes which are the substantial equivalent of crimes listed in
section (3)(a) of this rule.
(b) The crimes listed in this section are
ten-year review crimes which require that a fitness determination with a
weighing test be completed if the date of conviction is within ten years of the
background check submission.
(A) Any
misdemeanor or felony not listed in section (3)(a) or (3)(c) of this rule in
Oregon or any other jurisdiction. This includes U.S. military crimes not
considered to be the substantial equivalent of crimes listed in section (3)(a)
of this rule.
(B) Any crime of
attempt, solicitation, or conspiracy to commit a crime pursuant to ORS
161.405 or
161.435, or
161.450 included in section
(3)(b).
(c) Two or more
convictions of ORS 813.010 (Driving under the
Influence of Intoxicants (DUII)) or 830.325 (Operating Boat while under
Influence of Intoxicants) or a misdemeanor conviction under a law in any
jurisdiction that imposes criminal penalties for operating a vehicle or boat
while under the influences of intoxicants, are potentially disqualifying if
they have occurred within five years of the date of the background check
submission.
(A) A single conviction of a crime
in section (3)(c) is not considered potentially disqualifying regardless of the
date of conviction.
(B) If an SI
has two or more convictions of a crime in section (3)(c) and only one, or none,
occurred within five years from the date of the background check submission,
the convictions are not potentially disqualifying.
(4) Evaluations of crimes may be
based on available information in Oregon laws and laws in other jurisdictions
regarding the crime.
(5) Under no
circumstances may a crime be considered potentially disqualifying if it is:
(a) Related to marijuana if the crime is no
longer a criminal offense in the originating jurisdiction.
(b) Part of a juvenile record that has been
expunged pursuant to ORS
419A.260 to
419A.262.
(c) Part of an adult record that has been set
aside pursuant to ORS
137.225.
Notes
Statutory/Other Authority: ORS 181A.195 & ORS 409.050
Statutes/Other Implemented: ORS 181A.195, 475A.250 & 475A.483
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