Oregon Department of Human Services

Rule Rule 407-007-0281
Potentially Disqualifying Convictions


A conviction of any of the following crimes is potentially disqualifying. Offenses or convictions that are classified as less than a misdemeanor, such as violations or infractions, are not potentially disqualifying (see ORS 161.505 (“Offense” described) to 161.565).
(1) Pursuant to OAR 125-007-0270 (Crimes Considered), any conviction of a misdemeanor or felony in any jurisdiction, a U.S. military crime, or an international crime is a permanent review crime for the following:
(a) An SI associated with DHS Child Welfare adoptive and foster homes subject to criminal records checks under OAR 413-120-0400 (Purpose) to 413-120-0475 (Record Keeping, Confidentiality).
(b) An SI who is an employee, contractor or volunteer for a DHS Child Welfare licensed child caring agency governed by OAR chapter 413 division 215.
(c) An SI, as listed in OAR 407-007-0210 (Definitions)(9)(a)(H) associated with a child adoptive or foster home licensed by a child caring agency governed by OAR chapter 413 division 215.
(d) An SI, as listed in OAR 407-007-0210 (Definitions)(8)(a)(K), as a child care provider or associated with a child care provider.
(2) For all other SIs subject to these rules:
(a) The crimes listed in this section are permanent review crimes which require that a fitness determination with a weighing test be completed regardless of date of conviction.
(A) ORS 163.095 (“Aggravated murder” defined), Aggravated murder
(B) ORS 163.115 (Murder in the second degree), Murder
(C) ORS 163.118 (Manslaughter in the first degree), Manslaughter I
(D) ORS 163.125 (Manslaughter in the second degree), Manslaughter II
(E) ORS 163.145 (Criminally negligent homicide), Criminally negligent homicide
(F) ORS 163.149 (Aggravated vehicular homicide), Aggravated vehicular homicide
(G) ORS 163.165 (Assault in the third degree), Assault III
(H) ORS 163.175 (Assault in the second degree), Assault II
(I) ORS 163.185 (Assault in the first degree), Assault I
(J) ORS 163.187 (Strangulation), Strangulation
(K) ORS 163.200 (Criminal mistreatment in the second degree), Criminal mistreatment II
(L) ORS 163.205 (Criminal mistreatment in the first degree), Criminal mistreatment I
(M) ORS 163.225 (Kidnapping in the second degree), Kidnapping II
(N) ORS 163.235 (Kidnapping in the first degree), Kidnapping I
(O) ORS 163.263 (Subjecting another person to involuntary servitude in the second degree), Subjecting another person to involuntary servitude in the second degree
(P) ORS 163.264 (Subjecting another person to involuntary servitude in the first degree), Subjecting another person to involuntary servitude in the first degree
(Q) ORS 163.266 (Trafficking in persons), Trafficking in persons
(R) ORS 163.275 (Coercion), Coercion
(S) ORS 163.355 (Rape in the third degree), Rape III
(T) ORS 163.365 (Rape in the second degree), Rape II
(U) ORS 163.375 (Rape in the first degree), Rape I
(V) ORS 163.385 (Sodomy in the third degree), Sodomy III
(W) ORS 163.395 (Sodomy in the second degree), Sodomy II
(X) ORS 163.405 (Sodomy in the first degree), Sodomy I
(Y) ORS 163.408 (Unlawful sexual penetration in the second degree), Unlawful sexual penetration II
(Z) ORS 163.411 (Unlawful sexual penetration in the first degree), Unlawful sexual penetration I
(AA) ORS 163.413 (Purchasing sex with a minor), Purchasing sex with a minor, if the courts designate the offense as a sex crime pursuant to ORS 163.413 (Purchasing sex with a minor)(3)(d), or the offense is the defendant’s second or subsequent convictions under ORS 163.413 (Purchasing sex with a minor)(3)(b)(B)
(BB) ORS 163.415 (Sexual abuse in the third degree), Sexual abuse III
(CC) ORS 163.425 (Sexual abuse in the second degree), Sexual abuse II
(DD) ORS 163.427 (Sexual abuse in the first degree), Sexual abuse I
(EE) ORS 163.432 (Online sexual corruption of a child in the second degree), Online sexual corruption of a child in the second degree, if the offender reasonably believed the child to be more than five years younger than the offender
(FF) ORS 163.433 (Online sexual corruption of a child in the first degree), Online sexual corruption of a child in the first degree, if the offender reasonably believed the child to be more than five years younger than the offender
(GG) ORS 163.435 (Contributing to the sexual delinquency of a minor), Contributing to the sexual delinquency of a minor
(HH) ORS 163.445 (Sexual misconduct), Sexual misconduct, if the offender is at least 18 years of age
(II) ORS 163.465 (Public indecency), Public indecency
(JJ) ORS 163.467 (Private indecency), Private indecency
(KK) ORS 163.525 (Incest), Incest, with a child victim
(LL) ORS 163.535 (Abandonment of a child), Abandonment of a child
(MM) ORS 163.537 (Buying or selling a person under 18 years of age), Buying or selling a person under 18 years of age
(NN) ORS 163.547 (Child neglect in the first degree), Child neglect I
(OO) ORS 163.670 (Using child in display of sexually explicit conduct), Using child in display of sexually explicit conduct
(PP) ORS 163.680, Paying for viewing a child’s sexually explicit conduct
(QQ) ORS 163.684 (Encouraging child sexual abuse in the first degree), Encouraging child sexual abuse I
(RR) ORS 163.686 (Encouraging child sexual abuse in the second degree), Encouraging child sexual abuse II
(SS) ORS 163.687 (Encouraging child sexual abuse in the third degree), Encouraging child sexual abuse III
(TT) ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), Possession of materials depicting sexually explicit conduct of a child I
(UU) ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), Possession of materials depicting sexually explicit conduct of a child II
(VV) ORS 163.700 (Invasion of personal privacy in the second degree), Invasion of personal privacy II
(WW) ORS 163.701 (Invasion of personal privacy in the first degree), Invasion of personal privacy I
(XX) ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), All crimes listed in definition of “Sex Crime,” including Transporting child pornography into the state
(YY) ORS 164.055 (Theft in the first degree), Theft I
(ZZ) ORS 164.057 (Aggravated theft in the first degree), Aggravated theft I
(AAA) ORS 164.098 (Organized retail theft), Organized retail theft
(BBB) ORS 164.125 (Theft of services), Theft of services
(CCC) ORS 164.215 (Burglary in the second degree), Burglary II
(DDD) ORS 164.225 (Burglary in the first degree), Burglary I
(EEE) ORS 164.325 (Arson in the first degree), Arson I
(FFF) ORS 164.377 (Computer crime), Computer crime
(GGG) ORS 164.405 (Robbery in the second degree), Robbery II
(HHH) ORS 164.415 (Robbery in the first degree), Robbery I
(III) ORS 165.013 (Forgery in the first degree), Forgery I
(JJJ) ORS 165.022 (Criminal possession of a forged instrument in the first degree), Criminal possession of a forged instrument I
(KKK) ORS 165.032 (Criminal possession of a forgery device), Criminal possession of a forgery device
(LLL) ORS 165.800 (Identity theft), Identity theft
(MMM) ORS 165.803 (Aggravated identity theft), Aggravated identity theft
(NNN) ORS 167.012 (Promoting prostitution), Promoting prostitution
(OOO) ORS 167.017 (Compelling prostitution), Compelling prostitution
(PPP) ORS 167.057 (Luring a minor), Luring a minor
(QQQ) ORS 167.320 (Animal abuse in the first degree), Animal abuse I
(RRR) ORS 167.322 (Aggravated animal abuse in the first degree), Aggravated animal abuse I
(SSS) ORS 167.333 (Sexual assault of an animal), Sexual assault of animal
(TTT) ORS 475.752 (Prohibited acts generally)(1) and (2), Prohibited acts generally (regarding delivery and manufacture drug crimes; formerly ORS 475.840, 2005-2011)
(UUU) ORS 475.806 (Unlawful manufacture of hydrocodone), Unlawful manufacture of hydrocodone
(VVV) ORS 475.808 (Unlawful manufacture of hydrocodone within 1,000 feet of school), Unlawful manufacture of hydrocodone within 1,000 feet of school
(WWW) ORS 475.810 (Unlawful delivery of hydrocodone), Unlawful delivery of hydrocodone
(XXX) ORS 475.812 (Unlawful delivery of hydrocodone within 1,000 feet of school), Unlawful delivery of hydrocodone within 1,000 feet of school
(YYY) ORS 475.816 (Unlawful manufacture of methadone), Unlawful manufacture of methadone
(ZZZ) ORS 475.818 (Unlawful manufacture of methadone within 1,000 feet of school), Unlawful manufacture of methadone within 1,000 feet of school
(AAAA) ORS 475.820 (Unlawful delivery of methadone), Unlawful delivery of methadone
(BBBB) ORS 475.822 (Unlawful delivery of methadone within 1,000 feet of school), Unlawful delivery of methadone within 1,000 feet of school
(CCCC) ORS 475.826 (Unlawful manufacture of oxycodone), Unlawful manufacture of oxycodone
(DDDD) ORS 475.828 (Unlawful manufacture of oxycodone within 1,000 feet of school), Unlawful manufacture of oxycodone within 1,000 feet of school
(EEEE) ORS 475.830 (Unlawful delivery of oxycodone), Unlawful delivery of oxycodone
(FFFF) ORS 475.832 (Unlawful delivery of oxycodone within 1,000 feet of school), Unlawful delivery of oxycodone within 1,000 feet of school
(GGGG) ORS 475.840(1) and (2), Prohibited acts generally (regarding delivery and manufacture drug crimes formerly ORS 475.992; renumbered to ORS 475.752 (Prohibited acts generally) in 2011)
(HHHH) ORS 475.846 (Unlawful manufacture of heroin), Unlawful manufacture of heroin
(IIII) ORS 475.848 (Unlawful manufacture of heroin within 1,000 feet of school), Unlawful manufacture of heroin within 1,000 feet of school
(JJJJ) ORS 475.850 (Unlawful delivery of heroin), Unlawful delivery of heroin
(KKKK) ORS 475.852 (Unlawful delivery of heroin within 1,000 feet of school), Unlawful delivery of heroin within 1,000 feet of school
(LLLL) ORS 475.866 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine), Unlawful manufacture of 3,4-methylenedioxymethamphetamine
(MMMM) ORS 475.868 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school), Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
(NNNN) ORS 475.870 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine), Unlawful delivery of 3,4-methylenedioxymethamphetamine
(OOOO) ORS 475.872 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of school), Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
(PPPP) ORS 475.876 (Unlawful manufacture of cocaine), Unlawful manufacture of cocaine
(QQQQ) ORS 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school), Unlawful manufacture of cocaine within 1,000 feet of school
(RRRR) ORS 475.880 (Unlawful delivery of cocaine), Unlawful delivery of cocaine
(SSSS) ORS 475.882 (Unlawful delivery of cocaine within 1,000 feet of school), Unlawful delivery of cocaine within 1,000 feet of school
(TTTT) ORS 475.886 (Unlawful manufacture of methamphetamine), Unlawful manufacture of methamphetamine
(UUUU) ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), Unlawful manufacture of methamphetamine within 1,000 feet of school
(VVVV) ORS 475.890 (Unlawful delivery of methamphetamine), Unlawful delivery of methamphetamine
(WWWW) ORS 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school), Unlawful delivery of methamphetamine within 1,000 feet of school
(XXXX) ORS 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school), Unlawful delivery of controlled substance within 1,000 feet of school
(YYYY) ORS 475.906 (Penalties for unlawful delivery to minors), Penalties for distribution to minors
(ZZZZ) ORS 475.908 (Causing another person to ingest a controlled substance), Causing another person to ingest a controlled substance
(AAAAA) ORS 475.910 (Application of controlled substance to the body of another person), Application of controlled substance to the body of another person
(BBBBB) ORS 475.914 (Prohibited acts for registrants), Prohibited acts for registrants (with the Oregon State Board of Pharmacy)
(CCCCC) Any crime of attempt, solicitation, or conspiracy to commit a crime listed in this section pursuant to ORS 161.405 (“Attempt” described), 161.435 (Solicitation), or 161.450 (“Criminal conspiracy” described)
(DDDDD) Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in section (2)(a) of this rule, as determined by BCU. This includes any U.S. military crimes which are the substantial equivalent of crimes listed in section (2)(a) of this rule.
(b) The crimes listed in this section are ten-year review crimes which require that a fitness determination with a weighing test be completed if the date of conviction is within ten years of the background check submission.
(A) Any misdemeanor or felony not listed in section 2(a) or (2)(c) of this rule in Oregon or any other jurisdiction. This includes U.S. military crimes not considered to be the substantial equivalent of crimes listed in section (2)(a) of this rule.
(B) Any crime of attempt, solicitation, or conspiracy to commit a crime listed in section (2)(b) pursuant to ORS 161.405 (“Attempt” described) or 161.435 (Solicitation), or 161.450 (“Criminal conspiracy” described).
(c) Two or more convictions of ORS 813.010 (Driving under the influence of intoxicants), Driving under the Influence of Intoxicants (DUII), are potentially disqualifying if they have occurred within five years of the date of the background check submission.
(A) A single conviction of ORS 813.010 (Driving under the influence of intoxicants) is not considered potentially disqualifying regardless of the date of conviction.

(B)

If an SI has two or more convictions of ORS 813.010 (Driving under the influence of intoxicants) and only one, or none, occurred within five years from the date of the background check submission, the convictions are not potentially disqualifying.
(3) Evaluations of crimes may be based on available information in Oregon laws and laws in other jurisdictions regarding the crime.
(4) Under no circumstances may a crime be considered potentially disqualifying if it is:
(a) Related to marijuana and the crime is no longer a criminal offense in the originating jurisdiction.
(b) Part of a juvenile record that has been expunged pursuant to ORS 419A.260 (Expunction) to 419A.262 (Expunction proceeding).
(c) Part of an adult record that has been set aside pursuant to ORS 137.225 (Order setting aside conviction or record of criminal charge).
Source

Last accessed
Jun. 8, 2021