Or. Admin. Code § 863-003-0060 - Crimes Relevant to a Criminal Background Fitness Determination

(1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law.

(a) All felonies.

(b) All misdemeanors.

(c) Any U.S. military crime or international crime.

(2) The Agency shall evaluate a crime or offense on the basis of the laws of the jurisdiction in which the crime or offense occurred.

(3) The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances;

(a) ORS 163.095, Aggravated murder;

(b) ORS 163.115, Murder;

(c) ORS 163.375, Rape I;

(d) ORS 163.405, Sodomy I;

(e) ORS 163.411, Unlawful sexual penetration I;

(f) ORS 163.427, Sexual abuse I

(4) Under no circumstances shall a subject individual be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262.

(5) Under no circumstances shall a subject individual be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225.

(6) Examples of other criminal offender information that may be potentially disqualifying may include;

(a) Sex offender registration,

(b) Conditions of parole, probation, or diversion program, or

(c) Unresolved arrest, charge, pending indictment, or outstanding warrant.

Notes

Or. Admin. Code § 863-003-0060

REA 9-2014, f. 4-14-14, cert. ef. 4-28-14; REA 35-2018, amend filed 10/09/2018, effective 10/31/2018

Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195

Statutes/Other Implemented: ORS 696.790 & ORS 181A.195