ORS 181A.205
Voluntary fingerprint retention program

  • notice to individuals subject to criminal records checks
  • ending participation
  • exemption from public disclosure
  • rules
  • fees

(1)

Intentionally left blank —Ed.

(a)

The Department of State Police shall establish a voluntary fingerprint retention program through which the department:

(A)

Retains fingerprint cards, facsimiles of fingerprints received from the Federal Bureau of Investigation or facsimiles of fingerprints created during a state criminal records check under ORS 181A.190 (Criminal records check), 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 267.237 (Criminal records check), for the purpose of providing information as described in subsection (4) of this section; and

(B)

Provides facsimiles of fingerprints created during a state criminal records check under ORS 181A.190 (Criminal records check), 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 267.237 (Criminal records check) to the Federal Bureau of Investigation.

(b)

The department may not use fingerprint cards or facsimiles of fingerprints retained pursuant to paragraph (a) of this subsection for any purpose other than the purpose of providing information as described in subsection (4) of this section.

(2)

An authorized agency as defined in ORS 181A.190 (Criminal records check) or 181A.195 (Criminal records check), an agency listed in ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) (2), or a district as defined in ORS 267.237 (Criminal records check) may subscribe to the fingerprint retention program.

(3)

Intentionally left blank —Ed.

(a)

If an authorized agency, agency or district subscribes to the fingerprint retention program, the authorized agency, agency or district must inform an individual subject to a criminal records check under ORS 181A.190 (Criminal records check), 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 267.237 (Criminal records check) about the program in a form and manner prescribed by the authorized agency, agency or district, provided that the authorized agency, agency or district includes as part of that information notice of the following:

(A)

That the individual is not required to participate in the program;

(B)

That if the individual chooses to participate in the program, the individual may, at any time, stop participating in the program;

(C)

That choosing to participate in the program will allow the department to provide information as described in subsection (4) of this section;

(D)

The potential consequences of information being provided as described in subsection (4) of this section; and

(E)

The process by which the individual may contest the accuracy of information provided as described in subsection (4) of this section.

(b)

Notice provided pursuant to paragraph (a) of this subsection must be provided in a clear and easy to understand manner.

(4)

Intentionally left blank —Ed.

(a)

An individual subject to a criminal records check under ORS 181A.190 (Criminal records check), 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 267.237 (Criminal records check) may, but is not required to, participate in the fingerprint retention program.

(b)

If an individual participates in the program, then the department, upon receiving forms containing the person’s fingerprints and other identifying information under ORS 181A.160 (Fingerprints, identifying data, disposition report required upon arrest), or as part of any other proceeding related to the arrest of the individual, shall provide that information to the authorized agency, agency or district for which a criminal records check under ORS 181A.190 (Criminal records check), 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 267.237 (Criminal records check) for the individual was performed.

(5)

At any time, an individual participating in the fingerprint retention program may inform the department, in a form and manner prescribed by the department, that the individual is no longer participating in the program. If an individual informs the department that the individual is no longer participating in the program, the department shall:

(a)

Destroy any fingerprint cards and facsimiles of fingerprints that the department has retained for the individual as part of the program;

(b)

Inform the Federal Bureau of Investigation that the individual is no longer participating in the program and direct the Federal Bureau of Investigation to destroy any fingerprint cards or facsimiles of fingerprints that the Federal Bureau of Investigation has retained for the individual; and

(c)

Notify the authorized agency, agency or district who employs the individual that the individual is no longer participating in the program.

(6)

An authorized agency, agency or district that subscribes to the fingerprint retention program may not require a person to participate in the program as a condition of employment.

(7)

Information retained by the department under this section is exempt from public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), and the department may not disclose the information for any purpose not authorized by this section.

(8)

The Department of State Police:

(a)

Shall, in consultation with the Oregon Department of Administrative Services, adopt rules for the administration of this section; and

(b)

May adopt a fee that an authorized agency, agency or district must pay to subscribe to the program. [2015 c.705 §1]
Note: 181A.205 (Voluntary fingerprint retention program) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 181A.205 — Voluntary fingerprint retention program; notice to individuals subject to criminal records checks; ending participation; exemption from public disclosure; rules; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors181A.­html.

181A.010
Definitions for ORS 181A.010 to 181A.350 181A.015
Department of State Police established 181A.020
State Police Account 181A.025
Petty cash account 181A.030
Superintendent of State Police 181A.035
Appointment of Deputy Superintendent of State Police 181A.040
Powers and duties of deputy superintendent 181A.045
Oath of superintendent and deputy superintendent 181A.050
Oregon State Police 181A.055
Qualifications for appointment and reappointment of state police 181A.060
Appointment of employees of department as special state police officers 181A.065
Oath of members of state police 181A.070
Salaries of state police 181A.075
Instruction 181A.080
Powers and duties of department and its members 181A.085
Targeted enforcement program 181A.090
Duty to enforce laws and regulations of agencies 181A.095
Headquarters and patrol stations 181A.100
Organization of work of department 181A.105
Distribution of police throughout state 181A.110
Standard uniform for state police 181A.115
Supplies and equipment of state police 181A.120
Commanding assistance of citizens 181A.125
Interference with personal and property rights of others 181A.130
Records and reports of activities and time spent in performance of duties 181A.135
National Crime Prevention and Privacy Compact 181A.140
Department responsible for criminal identification information 181A.145
Criminal investigations division 181A.150
Forensic laboratories 181A.155
Authority over blood and buccal samples and analyses 181A.160
Fingerprints, identifying data, disposition report required upon arrest 181A.165
Crimes for which criminal offender information is required 181A.170
Electronic fingerprint capture technology required 181A.175
Transmittal of disposition report 181A.180
Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education 181A.185
Report of release or escape from state institution of certain inmates 181A.190
Criminal records check 181A.195
Criminal records check 181A.200
Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints 181A.202
Authority of municipal tax collection agency to require fingerprints 181A.205
Voluntary fingerprint retention program 181A.210
Criminal identification information to be furnished to Native American tribe 181A.215
Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks 181A.220
Confidentiality of some records 181A.225
Reporting of crime statistics 181A.230
Establishment of procedures for access to criminal record information 181A.235
Fee waiver 181A.240
Procedure when information requested by designated agency 181A.245
Procedure when information requested by other than criminal justice agency 181A.250
Specific information not to be collected or maintained 181A.255
Report of suspected criminal homicide 181A.265
Criminal Justice Information Standards program 181A.270
Duties of state criminal justice agencies 181A.275
Criminal Justice Information Standards Advisory Board 181A.280
Law Enforcement Data System established 181A.285
Medical health database 181A.287
Entry of certain convictions related to possession of firearms or ammunition into Law Enforcement Data System and databases of National Crime Information Center 181A.290
Certain information required from agencies 181A.300
Establishment and maintenance of missing persons clearinghouse 181A.305
Duties of administrator of clearinghouse 181A.310
When notification of missing children clearinghouse required 181A.315
Amber Plan 181A.320
Written policies relating to missing vulnerable adults required 181A.322
Short title 181A.323
Definitions for ORS 181A.323 to 181A.328 181A.324
Sexual assault forensic evidence kit testing 181A.325
Policies and procedures regarding collection, submission for testing, retention and destruction of kits 181A.326
Notification to law enforcement agency when kit collected 181A.328
Committee on tracking of sexual assault forensic evidence 181A.338
Purchase and receipt of property from military equipment surplus program 181A.340
Commissioning of humane special agents 181A.345
Humane special agents to enforce animal welfare laws under direction of law enforcement agency 181A.348
Telecommunicators as first responders 181A.350
Eligibility of towing business to be placed on department list 181A.355
Definitions for ORS 181A.355 to 181A.689 181A.360
Board on Public Safety Standards and Training 181A.365
Organization of board 181A.370
Executive committee 181A.375
Policy committees 181A.380
Leave to perform duties of board or policy committee 181A.385
Appointment of director of department 181A.390
Training academy 181A.395
Certain officers required to be at least 21 years of age 181A.400
Authority of Department of Public Safety Standards and Training to require fingerprints 181A.405
Legislative intent and findings 181A.410
Minimum standards and training for certification 181A.420
Minimum standards and training requirements inapplicable to certain persons 181A.425
Department not required to provide training for certification of reserve officers 181A.430
Effect of minimum requirements under authority other than ORS 181A.410 181A.440
Training in vehicle pursuit, mental illness and airway and circulatory systems 181A.442
Equity training for police officers 181A.444
Training on interacting with persons who have experienced trauma 181A.445
Best practices for interacting with persons who have experienced trauma 181A.450
Child abuse and domestic violence training 181A.460
Training in missing persons cases 181A.470
Training relating to Vienna Convention and crimes motivated by prejudice or that constitute abuse 181A.480
Training in human trafficking 181A.483
Prohibition on training to use physical force that impedes breathing or circulation 181A.485
Psychological screening of law enforcement officers 181A.487
Mental health wellness policies for law enforcement agencies 181A.490
Certification of police officers and certified reserve officers 181A.500
Lapse of certification 181A.510
Certification for certain purposes of individuals employed by tribal government to perform duties of public safety officer 181A.520
Certification of corrections officers 181A.530
Certification of parole and probation officers 181A.540
Certification of judicial marshals 181A.550
Certification of regulatory specialists 181A.560
Certification of telecommunicators and emergency medical dispatchers 181A.570
Certification of full-time department employees 181A.580
Certification of certain Law Enforcement Data System employees 181A.590
Certification of instructors 181A.600
Limitation on accreditation of training programs 181A.610
Reimbursement for training to local law enforcement units 181A.620
Reimbursement of qualifying expenses 181A.630
Procedure for denial, suspension or revocation of application or certification 181A.640
Grounds for denial, suspension or revocation of application or certification of person or accreditation of program 181A.650
Judicial review of department’s final order 181A.655
Civil penalties relating to certification 181A.657
Accreditation of law enforcement agencies 181A.660
Oregon Center for Policing Excellence 181A.661
Police Memorial Trust Fund 181A.663
National Use-of-Force Data Collection 181A.665
Police Standards and Training Account 181A.666
Findings 181A.667
Review, provision and retention of personnel records 181A.668
Request for employment information 181A.670
Disclosure of information about public safety officer 181A.672
Disclosure of information about certain employees of law enforcement agencies 181A.674
Disclosure of information about certain public safety employees 181A.676
Uniform background checklist 181A.681
Report of misconduct or violation of minimum standards 181A.683
Form for reports 181A.684
Database of discipline and suspensions and revocations of certification of police officers 181A.686
Report on discipline to Department of Public Safety Standards and Training 181A.688
Findings regarding racism 181A.689
Standards for speech and expression 181A.700
Definitions for ORS 181A.702 and 181A.704 181A.702
Identifying information on uniform 181A.704
Provision of officer identity to member of public 181A.708
Use of chemical incapacitants, kinetic impact projectiles and sound devices 181A.710
Use of other law enforcement agencies to engage in barred conduct 181A.720
Definitions for ORS 181A.725 to 181A.735 181A.725
Oregon Community Crime Prevention Information Center 181A.730
Coordinator 181A.735
Advisory committee 181A.775
Definitions for ORS 181A.775 to 181A.805 181A.780
Planning authority 181A.785
Components of plan 181A.790
Policy relating to use of deadly physical force 181A.795
Admissibility of conclusions and recommendations 181A.800
Compliance 181A.805
Grants 181A.810
Expenditure limitation on grant moneys 181A.815
Expenses 181A.820
Enforcement of federal immigration laws 181A.822
Definitions for ORS 181A.822 to 181A.829 181A.823
Prohibitions related to immigration enforcement 181A.826
Prohibition on use of public resources for immigration enforcement 181A.827
Sanctuary violation reporting mechanism 181A.828
Prohibition on civil arrest without warrant or order in court facility or in connection with court proceeding 181A.829
Prohibition on agreements related to immigration enforcement 181A.835
Peer support counseling sessions 181A.840
Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995 181A.845
Applicability of ORS 181A.840 to 181A.893 181A.850
Prohibited acts 181A.855
Qualifications for private security professional 181A.860
Application procedure 181A.865
Qualifications for executive manager or supervisory manager 181A.870
Board on Public Safety Standards and Training to establish standards 181A.875
Licenses and certificates 181A.880
Hearing if license or certificate denied, suspended or revoked 181A.885
Effect of being charged with crime 181A.890
Disposition of funds received by department 181A.891
Persons providing private security services on September 9, 1995 181A.893
Restrictions on entities employing private security providers 181A.895
State preemption of local laws relating to private security providers 181A.900
Procedures for licensing of private security entities 181A.902
Investigation of applicant’s character, competence and reliability 181A.904
License examination 181A.906
Firearm training 181A.908
Training through Bureau of Labor and Industries 181A.911
Interagency agreement 181A.913
Required statements to private security professionals 181A.914
Prohibitions relating to discharge of or discrimination against private security provider 181A.916
Hiring unlicensed private security entity 181A.918
Injunction against using services of unlicensed private security entity 181A.940
Definitions for ORS 181A.940 to 181A.946 181A.942
Eligibility to act as authorized tribal police officer 181A.944
Legislative purpose 181A.946
Application for nontribal police officers to exercise tribal police powers on tribal lands 181A.970
Short title 181A.972
Requirements for special campus security providers and private security providers on campuses of institutions of higher education 181A.990
Penalties 181A.995
Penalties relating to regulation of private security
Green check means up to date. Up to date

Current through early 2024

§ 181A.205’s source at oregon​.gov