OAR 414-061-0040
Limitations of Criminal and Judicial Inquiries


(1)

Only OCC employees or contractors who have been fingerprinted and cleared by the Oregon State Police shall access or have access to criminal records information pursuant to a valid agency agreement, as defined in OAR 414-061-0020 (Definitions)(23). All such information shall be handled in compliance with the agency agreement and rules and procedures of the Oregon State Police relating to the criminal records information (OAR 257-015-0000 (Purpose of Rules) to 257-015-0100 (Criteria for Computer Access to the LEDS Network)). It is the responsibility of OCC to assure strict compliance with federal and state laws, rules, and procedures regarding, access, dissemination, maintenance, and destruction of criminal records information.
(2) Criminal records information obtained from OSP, the FBI, or another criminal records repository will not be used for any purpose other than that for which it was obtained nor given to unauthorized persons or agencies.

(3)

Criminal records information, including fingerprint-based criminal records information held by the FBI, OSP or other state, county or municipal law enforcement agency and records of all state, federal or municipal judicial proceedings information shall be obtained by OCC to determine whether a subject individual has criminal history which is related to enrollment in the Central Background Registry.

(4)

If a subject individual has been convicted of a crime which is related to enrollment in the Central Background Registry, the subject individual will be notified by OCC that he or she:

(a)

Has a right to inspect and challenge the accuracy of his/her Oregon criminal records by contacting the Oregon State Police;

(b)

May challenge the accuracy or completeness of any entry on the subject individual’s criminal records provided by the FBI by filing a challenge with the FBI’s CJIS Division.

Source: Rule 414-061-0040 — Limitations of Criminal and Judicial Inquiries, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=414-061-0040.

Last Updated

Jun. 8, 2021

Rule 414-061-0040’s source at or​.us