Or. Admin. Code § 167-050-0210

Current through Register Vol. 63, No. 11, November 1, 2024

Section 167-050-0210 - Recordkeeping and Confidentiality

(1)

(a) Records the Secretary of State receives from the Oregon Department of State Police resulting from a criminal records check, including, but not limited to, LEDS reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15).

(b) Only those persons, as identified by the Secretary of State, with a demonstrated and legitimate need to know the information, may have access to criminal records check records.

(2)

(a) If a fingerprint-based criminal records check was conducted with regard to a subject individual, the Secretary of State shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by federal law.

(b) If a subject individual with a right to inspect criminal offender information under subsection (2)(a) of this rule requests to do so, the Secretary of State shall provide the subject individual with a copy of the individual's own state and federal criminal offender information, unless prohibited by federal law.

(3) Other Records.

(a) The Secretary of State shall treat all records received or created under these rules that concern the criminal history of a subject individual, other than records covered under section (1)(a) of this rule, including Secretary of State Criminal Records Request forms and fingerprint cards, as confidential pursuant to ORS 181.534(15).

(b) A subject individual shall have access to records identified under subsections (3)(a) of this rule and pursuant to and only to the extent required by the terms of the Public Records Law.

Or. Admin. Code § 167-050-0210

BSD 1-2008. f. & cert. ef. 7-16-08

Stat. Auth.: ORS 181.534

Stats. Implemented: ORS 181.534(9)