(1) Crimes Relevant to a Fitness Determination.
- (a) All felonies;
- (b) All Class A misdemeanors;
- (c) Any United States Military or international crime that is equivalent to any crime listed in this section;
- (d) Any crime of attempt, solicitation, or conspiracy to commit a crime listed in this section (1) pursuant to ORS 161.405, 161.435, or 161.450;
- (e) Any crime based on criminal liability for conduct of another pursuant to ORS 161.555, when the underlying crime is listed in this subsection (1).
- (f) Any crime which, if convicted, would require the individual to register as a sex offender.
- (2) Evaluation Based on Oregon Laws. The Secretary of State shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination.
- (3) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 through 419A.262.
Statutory/Other Authority
ORS 181.534 & 177.075
Statutes/Other Implemented
ORS 181.534(9)
History
BSD 1-2008, f. & cert. ef. 7-16-08