OAR 836-072-0020
Crimes Relevant to a Fitness Determination

The following crimes are relevant to a fitness determination under OAR 836-072-0001 (Applicability of and authority for OAR 836-072-0001 to 836-072-0045) to 836-072-0045 (Authorized Designees), to the extent not inconsistent with ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction):

(1)

Permanent review crimes.
ORS 162.015 (Bribe giving), Bribe giving; ORS 162.025 (Bribe receiving), Bribe receiving; ORS 162.065 (Perjury), Perjury; ORS 162.117 (Public investment fraud), Public investment fraud; ORS 162.235 (Obstructing governmental or judicial administration), Obstructing governmental or judicial administration; ORS 162.265 (Bribing a witness), Bribing a witness; ORS 162.275 (Bribe receiving by a witness), Bribe receiving by a witness; ORS 162.285 (Tampering with a witness), Tampering with a witness; ORS 162.305 (Tampering with public records), Tampering with public records;ORS 162.325 (Hindering prosecution), Hindering prosecution; ORS 162.355 (Simulating legal process), Simulating legal process; ORS 162.365 (Criminal impersonation of a public servant), Criminal impersonation; ORS 162.367 (Criminal impersonation of a peace officer), Criminal impersonation of peace officer; ORS 162.405 (Official misconduct in the second degree), Official misconduct II; ORS 162.415 (Official misconduct in the first degree), Official misconduct I; ORS 162.425 (Misuse of confidential information), Misuse of confidential information; ORS 163.005 (Criminal homicide), Criminal homicide; ORS 163.095 (“Aggravated murder” defined), Aggravated murder; ORS 163.115 (Murder in the second degree), Murder; ORS 163.118 (Manslaughter in the first degree), Manslaughter I; ORS 163.125 (Manslaughter in the second degree), Manslaughter II; ORS 163.145 (Criminally negligent homicide), Criminally negligent homicide; ORS 163.160 (Assault in the fourth degree), Assault IV; ORS 163.165 (Assault in the third degree), Assault III; ORS 163.175 (Assault in the second degree), Assault II; ORS 163.185 (Assault in the first degree), Assault I; ORS 163.187 (Strangulation), Strangulation; ORS 163.200 (Criminal mistreatment in the second degree), Criminal mistreatment II; ORS 163.205 (Criminal mistreatment in the first degree), Criminal mistreatment I; ORS 163.207 (Female genital mutilation), Female genital mutilation; ORS 163.208 (Assaulting a public safety officer), Assault of Public Safety Officer; ORS 163.225 (Kidnapping in the second degree), Kidnapping II; ORS 163.235 (Kidnapping in the first degree), Kidnapping I; ORS 163.257 (Custodial interference in the first degree), Custodial interference I; ORS 163.275 (Coercion), Coercion; ORS 163.355 (Rape in the third degree), Rape III; ORS 163.365 (Rape in the second degree), Rape II; ORS 163.375 (Rape in the first degree), Rape I; ORS 163.385 (Sodomy in the third degree), Sodomy III; ORS 163.395 (Sodomy in the second degree), Sodomy II; ORS 163.405 (Sodomy in the first degree), Sodomy I; ORS 163.408 (Unlawful sexual penetration in the second degree), Unlawful Sexual penetration II; ORS 163.411 (Unlawful sexual penetration in the first degree), Unlawful Sexual penetration I; ORS 163.425 (Sexual abuse in the second degree), Sexual abuse II; ORS 163.427 (Sexual abuse in the first degree), Sexual abuse I; ORS 163.452 (Custodial sexual misconduct in the first degree), Custodial sexual misconduct I; ORS 163.454 (Custodial sexual misconduct in the second degree), Custodial sexual misconduct II; ORS 163.465 (Public indecency), Public indecency; ORS 163.479 (Unlawful contact with a child), Unlawful contact with child; ORS 163.515 (Bigamy), Bigamy; ORS 163.525 (Incest), Incest; ORS 163.535 (Abandonment of a child), Abandonment of a child; ORS 163.537 (Buying or selling a person under 18 years of age), Buying or selling a person under 18 years of age; ORS 163.547 (Child neglect in the first degree), Child neglect I; ORS 163.670 (Using child in display of sexually explicit conduct), Using child in display of sexually explicit conduct; ORS 163.684 (Encouraging child sexual abuse in the first degree), Encouraging child sexual abuse I; ORS 163.686 (Encouraging child sexual abuse in the second degree), Encouraging child sexual abuse II; ORS 163.687 (Encouraging child sexual abuse in the third degree), Encouraging child sexual abuse III; 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; 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; ORS 163.732 (Stalking), Stalking; ORS 164.055 (Theft in the first degree), Theft I;
ORS 164.057 (Aggravated theft in the first degree), Aggravated theft I; ORS 164.075 (Extortion), Theft by extortion; ORS 164.085 (Theft by deception), Theft by deception; ORS 164.095 (Theft by receiving), Theft by receiving, if a felony; ORS 164.125 (Theft of services), Theft of services; ORS 164.135 (Unauthorized use of a vehicle), Unauthorized use of a vehicle; ORS 164.140 (Criminal possession of rented or leased personal property), Criminal possession of rented or leased personal property, if a felony; ORS 164.162 (Mail theft or receipt of stolen mail), Mail theft or receipt of stolen mail; ORS 164.170 (Laundering a monetary instrument), Laundering a monetary instrument; ORS 164.172 (Engaging in a financial transaction in property derived from unlawful activity), Engaging in a financial transaction in property derived from unlawful activity; ORS 164.215 (Burglary in the second degree), Burglary II; ORS 164.225 (Burglary in the first degree), Burglary I; ORS 164.325 (Arson in the first degree), Arson I;
ORS 164.377 (Computer crime), Computer crime; ORS 164.395 (Robbery in the third degree), Robbery III; ORS 164.405 (Robbery in the second degree), Robbery II; ORS 164.415 (Robbery in the first degree), Robbery I; ORS 165.007 (Forgery in the second degree), Forgery II;
ORS 165.013 (Forgery in the first degree), Forgery I; ORS 165.017 (Criminal possession of a forged instrument in the second degree), Criminal possession of a forged instrument II; ORS 165.022 (Criminal possession of a forged instrument in the first degree), Criminal possession of a forged instrument I; ORS 165.032 (Criminal possession of a forgery device), Criminal possession of a forgery device; ORS 165.042 (Fraudulently obtaining a signature), Fraudulently obtaining a signature; ORS 165.055 (Fraudulent use of a credit card), Fraudulent use of a credit card; ORS 165.065 (Negotiating a bad check), Negotiating a bad check, if a felony; ORS 165.070 (Possessing fraudulent communications device), Possessing fraudulent communications device; ORS 165.074 (Unlawful factoring of payment card transaction), Unlawful factoring of payment card transaction; ORS 165.080 (Falsifying business records), Falsifying business records; ORS 165.085 (Sports bribery), Sports bribery; ORS 165.090 (Sports bribe receiving), Sports bribe receiving; ORS 165.095 (Misapplication of entrusted property), Misapplication of entrusted property; ORS 165.100 (Issuing a false financial statement), Issuing a false financial statement; ORS 165.577 (Cellular counterfeiting in the third degree), Cellular counterfeiting III; ORS 165.579 (Cellular counterfeiting in the second degree), Cellular counterfeiting II; ORS 165.581 (Cellular counterfeiting in the first degree), Cellular counterfeiting I; ORS 165.692 (Making false claim for health care payment), Making false claim for health care payment, if a felony; ORS 165.800 (Identity theft), Identity theft; ORS 165.810 (Unlawful possession of a personal identification device), Unlawful possession of a personal identification device; ORS 165.813 (Unlawful possession of fictitious identification), Unlawful possession of fictitious identification; ORS 166.155 (Bias crime in the second degree), Intimidation II; ORS 166.165 (Bias crime in the first degree), Intimidation I; ORS 166.270 (Possession of weapons by certain felons), Possession of weapons by certain felons; ORS 166.272 (Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers), Unlawful possession of machine guns, certain short-barreled firearms and firearm silencers; ORS 166.350 (Unlawful possession of armor piercing ammunition), Unlawful possession of armor piercing ammunition; ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility), Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school; ORS 166.410 (Manufacture, importation or sale of firearms), Manufacturing, importation or sale of firearms; ORS 166.429 (Firearms used in felony), Firearms used in felony; ORS 166.720 (Racketeering activity unlawful), Racketeering activity unlawful; ORS 167.167 (Cheating), Cheating ORS 167.212 (Tampering with drug records), Tampering with drug records; ORS 181.599, Failure to report as sex offender; ORS 192.852 (Prohibition on obtaining actual address or telephone number)/865, Prohibition on obtaining or disclosing of protected information; ORS 475.840, Prohibited acts generally (regarding drug crimes); ORS 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school), Unlawful manufacture or delivery of controlled substance within 1000 feet of school; ORS 475.906 (Penalties for unlawful delivery to minors), Penalties for distribution to minors; ORS 475.908 (Causing another person to ingest a controlled substance), Causing another person to ingest a controlled substance; ORS 475.910 (Application of controlled substance to the body of another person), Application of controlled substance to the body of another person; ORS 475.914 (Prohibited acts for registrants), Prohibited acts for registrants (with the State Board of Pharmacy; regarding felony crimes); ORS 475.916 (Prohibited acts involving records and fraud), Prohibited acts involving records and fraud; ORS 475.918 (Falsifying drug test results), Falsifying drug test results; ORS 475.920 (Providing drug test falsification equipment), Providing drug test falsification equipment; ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance), Possession of precursor substance with intent to manufacture controlled substance; Any felony under the Oregon Labor Code (ORS Chapters 651-663), the Oregon Vehicle Code (ORS Chapter 801 (General Provisions and Definitions for Oregon Vehicle Code)-826), or the Occupations and Professions Code (ORS Chapters 670-704); Any federal crime, US Military crime, or international crime; Any unclassified felony defined in Oregon Revised Statutes not listed elsewhere in this rule; Any other felony under the statutes of Oregon or any other jurisdiction not listed elsewhere in this rule that the authorized designee determines is relevant to performance of the applicant within the scope of the license for which issuance or renewal has been applied, subject to ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction); 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); Any crime based on criminal liability for conduct of another pursuant to ORS 161.155 (Criminal liability for conduct of another), when the underlying crime is listed in this section; Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the authorized designee;

(2)

Ten-year review crimes:
ORS 133.076 (Failure to appear on criminal citation), Failure to appear on criminal citation; ORS 162.075 (False swearing), False swearing; ORS 162.085 (Unsworn falsification), Unsworn falsification; ORS 162.145 (Escape in the third degree), Escape III; ORS 162.175 (Unauthorized departure), Unauthorized departure; ORS 162.185 (Supplying contraband), Supplying contraband; ORS 162.195 (Failure to appear in the second degree), Failure to appear II; ORS 162.205 (Failure to appear in the first degree), Failure to appear I; ORS 162.247 (Interfering with a peace officer or parole and probation officer), Interfering with a peace officer or parole & probation officer; ORS 162.295 (Tampering with physical evidence), Tampering with physical evidence; ORS 162.369 (Possession of a false law enforcement identification card), Possession of false law enforcement identification card; ORS 162.385 (Giving false information to a peace officer in connection with a citation or warrant), Giving false information to police officer for a citation or arrest warrant; ORS 163.245 (Custodial interference in the second degree), Custodial interference II; ORS 163.415 (Sexual abuse in the third degree), Sexual abuse III; ORS 163.435 (Contributing to the sexual delinquency of a minor), Contributing to the sexual delinquency of a minor; ORS 163.445 (Sexual misconduct), Sexual misconduct; ORS 163.467 (Private indecency), Private indecency; ORS 163.476 (Unlawfully being in a location where children regularly congregate), Unlawfully being in a location where children congregate; ORS 163.545 (Child neglect in the second degree), Child neglect II; ORS 163.555 (Criminal nonsupport), Criminal nonsupport; ORS 163.575 (Endangering the welfare of a minor), Endangering the welfare of a minor; ORS 163.693 (Failure to report child pornography), Failure to report child pornography; ORS 163.700 (Invasion of personal privacy in the second degree), Invasion of personal privacy; ORS 163.750 (Violating a court’s stalking protective order), Violating court’s stalking protective order; ORS 164.043 (Theft in the third degree), Theft III; ORS 164.045 (Theft in the second degree), Theft II; ORS 164.095 (Theft by receiving), Theft by receiving, if a misdemeanor; ORS 164.140 (Criminal possession of rented or leased personal property), Criminal possession of rented or leased personal property, if a misdemeanor; ORS 164.235 (Possession of a burglary tool or theft device), Possession of burglar’s tools or theft device; ORS 164.255 (Criminal trespass in the first degree), Criminal trespass I; ORS 164.265 (Criminal trespass while in possession of a firearm), Criminal trespass while in possession of firearm; ORS 164.272 (Unlawful entry into a motor vehicle), Unlawful entry into motor vehicle; ORS 164.315 (Arson in the second degree), Arson II; ORS 164.335 (Reckless burning), Reckless burning; ORS 164.354 (Criminal mischief in the second degree), Criminal Mischief II; ORS 164.365 (Criminal mischief in the first degree), Criminal Mischief I; ORS 165.037 (Criminal simulation), Criminal simulation; ORS 165.065 (Negotiating a bad check), Negotiating a bad check, if a misdemeanor; ORS 165.102 (Obtaining execution of documents by deception), Obtaining execution of documents by deception; ORS 165.540 (Obtaining contents of communications), Obtaining contents of communication; ORS 165.543 (Interception of communications), Interception of communications; ORS 165.570 (Improper use of emergency communications system), Improper use of emergency reporting system; ORS 165.572 (Interference with making a report), Interference with making a report; ORS 165.577 (Cellular counterfeiting in the third degree), Cellular counterfeiting III; ORS 165.579 (Cellular counterfeiting in the second degree), Cellular counterfeiting II; ORS 165.692 (Making false claim for health care payment), Making false claim for health care payment, if a misdemeanor; ORS 166.065 (Harassment), Harassment; ORS 166.076 (Abuse of a memorial to the dead), Abuse of a memorial to the dead; ORS 166.190 (Pointing firearm at another), Pointing firearm at another; ORS 166.220 (Unlawful use of weapon), Unlawful use of weapon; ORS 166.240 (Carrying of concealed weapons), Carrying of concealed weapon; ORS 166.250 (Unlawful possession of firearms), Unlawful possession of firearms; ORS 166.382 (Possession of destructive device prohibited), Possession of destructive device prohibited; ORS 166.416 (Providing false information in connection with a transfer of a firearm), Providing false information in connection with a transfer of a firearm; ORS 167.065, Furnishing obscene materials to minors; ORS 167.070, Sending obscene materials to minors; ORS 167.075 (Exhibiting an obscene performance to a minor), Exhibiting an obscene performance to a minor; ORS 167.080 (Displaying obscene materials to minors), Displaying obscene materials to minors; ORS 167.090 (Publicly displaying nudity or sex for advertising purposes), Publicly displaying nudity or sex for advertising purposes; ORS 167.222 (Frequenting a place where controlled substances are used), Frequenting a place where controlled substances are used; ORS 167.322 (Aggravated animal abuse in the first degree), Aggravated animal abuse I; ORS 411.630 (Unlawfully obtaining public assistance or medical assistance), Unlawfully obtaining public assistance; ORS 411.640 (Overpayments of public assistance or medical assistance), Unlawfully receiving public assistance; ORS 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance), Submitting wrongful claim or payment (e.g., public assistance); ORS 411.840 (Unlawfully obtaining or disposing of supplemental nutrition assistance), Unlawfully obtaining or disposing of food stamp benefits; Any Class A misdemeanor under the Oregon Labor Code (ORS Chapters 651-663), the Oregon Vehicle Code (ORS Chapter 801 (General Provisions and Definitions for Oregon Vehicle Code)-826), or the Occupations and Professions Code (ORS Chapters 670-704); Any unclassified misdemeanor defined in Oregon’s or any other jurisdiction’s statutes and not listed elsewhere in this rule; Any other misdemeanor under the statutes of Oregon or any other jurisdiction and not listed elsewhere in this rule that the authorized designee determines is relevant to performance of the applicant within the scope of the license for which application is made, subject to ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction); 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); Any crime based on criminal liability for conduct of another pursuant to ORS 161.155 (Criminal liability for conduct of another), when the underlying crime is listed in this section; Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the authorized designee;

(3)

Five-year review crimes.
ORS 162.365 (Criminal impersonation of a public servant), Criminal impersonation; ORS 162.375 (Initiating a false report), Initiating a false report; ORS 163.190 (Menacing), Menacing; ORS 163.195 (Recklessly endangering another person), Recklessly endangering another person; ORS 164.243 (Criminal trespass in the second degree by a guest), Criminal trespass II by a guest; ORS 164.245 (Criminal trespass in the second degree), Criminal trespass II; ORS 164.345 (Criminal mischief in the third degree), Criminal mischief III; ORS 166.180 (Negligently wounding another), Negligently wounding another; ORS 412.074 (Use and custody of records of temporary assistance for needy families program), Unauthorized use and custody of records of temporary assistance for needy families program; ORS 412.099, Sharing assistance prohibited; ORS 416.990 (Penalties), False or fraudulent statements/information; ORS 830.053 (False or fraudulent report of theft of boat), Fraudulent report of theft of boat; ORS 830.475 (Duties of operators and witnesses at accidents)(1), Failure to perform the duties of an operator (boat);
ORS 830.730 (False information prohibited), False information to peace officer or State Marine Board;
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);Any crime based on criminal liability for conduct of another pursuant to ORS 161.155 (Criminal liability for conduct of another), when the underlying crime is listed in this section; Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the authorized designee.

(4)

An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates an applicant may have committed a crime, as those laws are in effect at the time of the fitness determination.

(5)

An applicant may not be denied issuance or renewal of a license on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 (Expunction) and 419A.262 (Expunction proceeding).

Source: Rule 836-072-0020 — Crimes Relevant to a Fitness Determination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-072-0020.

Last Updated

Jun. 24, 2021

Rule 836-072-0020’s source at or​.us