(1) Crimes Relevant to a Fitness Determination:
- (a) All felonies;
- (b) All misdemeanors;
- (c) Any United States Military crime or international crime;
- (2) Evaluation of Crimes. The Department shall evaluate a crime on the basis of the law of the jurisdiction in which the crime or offense occurred, 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 determined to be not fit under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.
Statutory/Other Authority
ORS 181.534 & 2009 SB 94
Statutes/Other Implemented
ORS 181.534 & 2009 SB 94
History
DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10