As used in OAR chapter 813, division 4, unless the context of the rule requires otherwise, the following definitions apply:

1. (1) “Conviction" means a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.
2. (2) “Criminal Offender Information” means records and related data concerning physical description and vital statistics, fingerprints received and compiled by the Oregon State Police Department to identify criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release records.

3. (3) “Criminal Records Check” means one or more of the following three processes undertaken by the department to check the criminal history of a subject individual:

   1. (a) A name-based check of criminal offender information conducted through the Law Enforcement Data System (LEDS) maintained by the Oregon State Police Department, in accordance with the rules adopted and procedures established by the Oregon State Police Department;
   2. (b) A check of Oregon Criminal Offender Information, through fingerprint identification and other means, conducted by the Oregon State Police Department at the Department's request (Oregon Criminal Records Check); or
   3. (c) A nationwide check of federal Criminal Offender Information, through fingerprint identification and other means, conducted by the Oregon State Police Department through the Federal Bureau of Investigation or otherwise at the Department's request (nationwide Criminal Records Check).
4. (4) “Criminal Records Request Form” means a department approved form, completed by a subject individual, requesting a criminal records check.

5. (5) “False Statement” means, in association with an activity governed by these rules, a subject individual either:

   1. (a) Provided the department with false information about the subject individual’s criminal history, including but not limited to false information about the individual’s identity or conviction record; or
   2. (b) Failed to provide the department information material to determine the individual’s criminal history.
6. (6) “Fitness Determination” means a determination made by the department, pursuant to the process established under OAR 813-004-0230, that a subject individual is fit or not fit to be a department employee, volunteer, contractor or vendor in a position covered by OAR 813-004-0220.
7. (7) ”Subject Individual” has a meaning within ORS 181A.195.

Statutory/Other Authority

ORS 181.534 & 456.135

Statutes/Other Implemented

ORS 181.534 & 456.569

History

OHCS 10-2026, amend filed 05/22/2026, effective 05/29/2026
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13