Oregon Criminal History Record Policy

State:
Multi-State
Control #:
US-143EM
Format:
Word; 
Rich Text
Instant download

Description

This form explains company policy as it pertains to criminal history background checks.

Oregon Criminal History Record Policy, also known as Oregon CHRIS Policy, refers to the set of regulations and guidelines that govern the collection, maintenance, dissemination, and use of criminal history records in the state of Oregon. These policies are aimed at balancing the need for public safety and security while protecting an individual's privacy rights. The primary objective of the Oregon Criminal History Record Policy is to ensure the accuracy and consistency of criminal history information while maintaining fairness and transparency in the criminal justice system. The policy outlines the rules and procedures that law enforcement agencies, courts, and other authorized entities must follow to access, share, and use criminal history records. The policy covers various aspects related to the criminal history records, including data collection, storage, retention, and dissemination. It regulates the types of data that can be recorded, such as arrests, charges, convictions, sentencing, and court dispositions. Additionally, it outlines the specific time frames for retaining these records, taking into consideration the severity of offenses and their impact on public safety. In Oregon, there are different types of Criminal History Record Policies based on the entities that require access to the criminal history records. Some prominent types include: 1. Law Enforcement Agency Policy: This policy governs how law enforcement agencies collect, maintain, and use criminal history records during investigations. It encompasses procedures for record checks, fingerprinting, and information sharing among the law enforcement community. 2. Court Policy: This policy focuses on the usage of criminal history records in court proceedings. It defines the criteria for admitting criminal history records as evidence, the protocols for their retrieval, authentication, and sharing with the involved parties. 3. Background Check Policy: This policy pertains to the use of criminal history records for employment, licensing, and volunteer screening purposes. It outlines the procedures for conducting background checks, the scope of information that can be considered, and the regulations for decision-making based on the criminal records. 4. Juvenile Records Policy: This policy specifically deals with the handling of criminal records relating to minors. It considers confidentiality concerns, the process for sealing or expunging juvenile records, and the limitations on accessing and using such records for future purposes. 5. Public Access Policy: This policy regulates the availability and accessibility of criminal history records by the public. It defines the criteria under which certain records can be obtained and the mechanisms in place to protect sensitive information while promoting transparency. The Oregon Criminal History Record Policy demonstrates the state's commitment to ensuring the proper management and suitable use of criminal history records. It aims to strike a balance between safeguarding public safety and safeguarding an individual's privacy, promoting trust and accountability within the criminal justice system.

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FAQ

In general, background checks typically cover seven years of criminal and court records, but can go back further depending on compliance laws and what is being searched.

Oregon court records are public as provided by the Oregon Public Records Law, which was passed in 1973 and amended in 1997. This law authorizes the general public to request access to court records and inspect or make copies of them.

How Far Back Does a Background Check Go for Employment in Oregon? The Fair Credit Reporting Act puts federal regulations on all states regarding how far back a background check can go. That regulation is seven years.

Yes. Oregon criminal records are public records per the Oregon Public Records Law. Thus, interested persons may submit a request to view and obtain a copy of criminal records on any adult in Oregon.

How do I request a public record? You must make a public records request to the government agency or official who has or controls the record. You may submit your request in writing, including email. All public bodies in Oregon must have a written procedure for making public records requests.

But, for the most part, anyone can go to a court clerk's office (and, sometimes, on a court or state agency website) and search the files for records of conviction for a certain person. Sealed records. An exception to the public access rules applies when convictions have been sealed by the court from public view.

Schools, police and fire departments, county and state agencies, cities: all are subject to the public records law.

One must provide payment, a set of fingerprints, and make a request for a Identity History Summary Check. The process takes about two weeks.

Oregon crime in other jurisdictions, is permanently potentially disqualifying. Also includes attempt, solicitation or conspiracy to commit for any of these crimes. Abandonment of a child ORS 163.535 Aggravated animal abuse I ORS 167.322 Aggravated identity theft ORS 165.803

Here's how: The ordinance creates threshold criteria for how far back landlords can consider a person's criminal history seven years from sentencing for felonies and three years from sentencing for misdemeanors. Landlords could adopt more restrictive policies that look further back.

More info

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Oregon Criminal History Record Policy