For people who need to obtain a copy of their Oregon criminal record, the State of Oregon makes the process easy and straightforward.
Oregon residents or others who believe they may be the subject of an Oregon criminal record are able to obtain a copy by completing appropriate forms, fingerprints and fees. Individuals and businesses can also request limited criminal records for other people. For whatever reason a person may wish to obtain a copy of their Oregon criminal record history, it is possible and can be accomplished by requesting information from the Oregon State Police Identification Services Section.
Every state has a central repository of criminal records for individuals in the state. Oregon's Central Repository is located within the Oregon State Police and is called the Identification Services Section. When people need a criminal record for either themselves or for another individual, they can request the records from the Identification Services Section in a couple of different ways.
Dissemination of the criminal records information to most businesses and private individuals is limited in Oregon pursuant to O.R.S. 181.560 to records of conviction and arrests less than one year old that have not resulted in acquittal or dismissal. Criminal justice agencies are able to receive an individual's complete criminal record, as are designated agencies such as the Department of Human Services and Department of Education.
Individuals are also able to request their own criminal records and have access to the complete record. Pursuant to O.R.S. 181.560, when an individual or agency other than a law enforcement agency has requested the information regarding the record subject, the record subject is first notified by the Identification Services Section about the request, who made the request and sends a copy of what information will be disclosed. The notice includes information about how to challenge any inaccurate information that might appear.
When an employer requires a criminal background check for employment purposes, the employer has to first inform the person that he or she will be doing so and what their rights are. Individuals who are seeking their own criminal records also need to get rolled fingerprints to submit along with their personal request. The cost of a limited background check based on name and date of birth only is $10.00. For the individual who makes a request for his own record, the cost is $33.00 as it requires rolled fingerprints. Fees are payable via check or money order.
When individuals or employers are requesting records regarding another person, they are to include the name, date of birth, social security number and last known address of the person about whom they are seeking criminal history information. The $10 fee is enclosed and submitted, along with the request, and either submitted online using a credit card or by mailing the request with a check or money order to Oregon State Police, Unit 11, PO Box 4395, Portland, Oregon 97208.
An individual seeking his or her own record must use a specific form, which can be found here. The individual must go to a local law enforcement agency or a local office of the Oregon State Police and request rolled fingerprints. The cost for fingerprinting through the Oregon State Police is $20.00. Then, the person sends both the fingerprint card and the completed application to the Identification Services Section at:
Oregon State Police Identification Services Section Unit 11 P.O. Box 4395 Portland, OR 97208-4395
The records are kept indefinitely. Expungement serves to seal a person's record in Oregon, but it could be reopened by court order. However, expunged records do not show up on a person's criminal records information. Many types of offenses are eligible for expungement under O.R.S. § 137.225, including certain felonies, misdemeanors and arrests.
Individuals can also request information directly from the court of conviction or the law enforcement agency for records regarding convictions. In order to do this, the individual will need to bring photo identification and understand that there are fees that may be associated with a request.
People sometimes find they have erroneous information appearing on their criminal records. Oregon provides a process to challenge errors in O.R.S. 181.555. Errors can be caused by poor communication between agencies, data entry errors, and the fact that some agencies store records longer than do others.
O.R.S. 181.555 directs the Identification Services Section to allow inspection of and establish procedures for individuals to challenge inaccurate information. If the information is found to be erroneous, it is then removed.
Oregon makes the process fairly straightforward for people wishing to obtain criminal records information. If you believe you are the subject of a criminal record, it is wise to obtain it and challenge any inaccurate information. A careful review of the law regarding expungement may also be a good idea.
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