OAR 635-600-0035
Crimes Relevant to a Fitness Determination

(1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law.
(a) All felonies.
(b) All misdemeanors.
(c) Any U.S. military crime or international crime.
(2) The Department shall evaluate a crime or offense on the basis of the laws of the jurisdiction in which the crime or offense occurred.

(3)

The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances;
(a) ORS 163.095 (“Aggravated murder” defined), Aggravated murder;
(b) ORS 163.115 (Murder in the second degree), Murder;
(c) ORS 163.375 (Rape in the first degree), Rape I;
(d) ORS 163.405 (Sodomy in the first degree), Sodomy I;
(e) ORS 163.411 (Unlawful sexual penetration in the first degree), Unlawful sexual penetration I;
(f) ORS 163.427 (Sexual abuse in the first degree), Sexual abuse I.
(4) Under no circumstances shall a subject individual be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 (Expunction) to 419A.262 (Expunction proceeding).
(5) Under no circumstances shall a subject individual be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225 (Order setting aside conviction or record of criminal charge).
(6) Examples of other criminal offender information that may be potentially disqualifying may include;
(a) Sex offender registration,
(b) Conditions of parole, probation, or diversion program, or
(c) Unresolved arrest, charge, pending indictment or outstanding warrant

Source: Rule 635-600-0035 — Crimes Relevant to a Fitness Determination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-600-0035.

Last Updated

Jun. 24, 2021

Rule 635-600-0035’s source at or​.us