Or. Admin. Code § 414-061-0040 - Limitations of Criminal and Judicial Inquiries

(1) Only Department employees or contractors who have been fingerprinted and cleared by the Oregon State Police shall access or have access to criminal records information pursuant to a valid agency agreement, as defined in OAR 414-061-0020(23). All such information shall be handled in compliance with the agency agreement and rules and procedures of the Oregon State Police relating to the criminal records information (OAR 257-015-0000 to 257-015-0100). It is the responsibility of the Department to assure strict compliance with federal and state laws, rules, and procedures regarding, access, dissemination, maintenance, and destruction of criminal records information.

(2) Criminal records information obtained from OSP, the FBI, or another criminal records repository will not be used for any purpose other than that for which it was obtained nor given to unauthorized persons or agencies.

(3) Criminal records information, including fingerprint-based criminal records information held by the FBI, OSP or other state, county or municipal law enforcement agency and records of all state, federal or municipal judicial proceedings information shall be obtained by the Department to determine whether a subject individual has criminal history which is related to enrollment in the Central Background Registry.

(4) If a subject individual has been convicted of a crime which is related to enrollment in the Central Background Registry, the subject individual will be notified by the Department that they:

(a) Has a right to inspect and challenge the accuracy of their Oregon criminal records by contacting the Oregon State Police;

(b) May challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the FBI's CJIS Division.

Notes

Or. Admin. Code § 414-061-0040

CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98; CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03; CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10; CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 3-2015, f. & cert. ef. 2/3/2015; ELD 7-2016, f. & cert. ef. 12/19/2016; ELD 3-2018, amend filed 02/08/2018, effective 9/30/2018; ELD 15-2019, temporary amend filed 05/30/2019, effective 5/30/2019 through 11/25/2019; ELD 18-2019, amend filed 08/13/2019, effective 8/13/2019; DELC 12-2023, temporary amend filed 09/28/2023, effective 9/28/2023 through 3/25/2024; DELC 13-2024, amend filed 02/28/2024, effective 2/28/2024

Statutory/Other Authority: ORS 329A.030(7)

Statutes/Other Implemented: ORS 329A.030