1. (1) Disclosure of information by subject individual.

   1. (a) Preliminary to a criminal records check, a Subject Individual must complete and sign the department's Criminal Records Request Form and a fingerprint appointment if required.
   2. (b) A subject individual must complete and submit to the department the Criminal Records Request Form and, if requested, a fingerprint appointment within three business days of receiving the forms. The department may extend the deadline for good cause. The department’s Criminal Records Request Form will require the following information:, name, birth date, social security number, physical characteristics, driver's license or identification card number and current address, prior residences in other states and any other identifying information deemed necessary by the department.
   3. (c) The department shall require additional information from the subject individual as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information.
   4. (d) The department shall not request fingerprinting from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq, or unless the department also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 813-004-0250(3).

2. (2) The department shall conduct, or request the Oregon State Police to conduct, a criminal records check when:

   1. (a) An individual meets the definition of a subject individual; or
   2. (b) Required by federal law or regulation, by state or administrative rule, or by contract or written agreement with the department.
3. (3) When the department determines under section (2) of this rule that a criminal records check will be done, the department shall request (any additional information needed to make determinations.) or conduct a LEDS criminal records check, an Oregon criminal records check, a nationwide criminal records check, or any combination thereof.
4. (4) The department requires subject individual that have had out of state residency, being outside Oregon for 60 or more consecutive days during the previous five years, to complete fingerprint-based criminal records check by Fieldprint.

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