1. (1) All LEDS reports are confidential and the Department shall maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and OAR chapter 257, division 15.

   1. (a) LEDS reports may only be shared with approved Department authorized designees if there is a need to know consistent with these rules.
   2. (b) The LEDS report and any photocopies may not be shown or given to the SI.

2. (2) The results of a national criminal records check provided by the FBI or through OSP are confidential and may not be disseminated by the Department except:

   1. (a) If a fingerprint-based criminal records check was conducted on the SI, the SI shall be provided a copy of the results upon request.
   2. (b) During the contested case hearing, the Department shall provide state and national criminal offender information as exhibits.
3. (3) All completed criminal records check requests, other criminal history information, and other records collected or developed during the criminal records check process shall be kept confidential and disseminated only on a need-to-know basis.
4. (4) The Department shall retain and destroy all criminal records check documents pursuant to federal law and records retention schedules published by Oregon State Archives.

Statutory/Other Authority

ORS 181A.195, 181A.200 & 409.050

Statutes/Other Implemented

ORS 181A.195, 181A.200 & 409.010

History

DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020
DHSD 18-2019, temporary amend filed 09/26/2019, effective 09/27/2019 through 03/24/2020
DHSD 4-2016, f. 6-9-16, cert. ef. 6-15-16
DHSD 2-2016(Temp), f. & cert. ef.1-14-16 thru 7-11-16
DHSD 9-2009, f. 12-31-09, cert. ef. 1-1-10
DHSD 7-2008, f. 8-29-08, cert. ef. 9-1-08
DHSD 2-2008(Temp), f. & cert. ef. 3-31-08 thru 9-26-08