Criminal History Checks

Administrative rules

In 2005, the state legislature amended the statutory language (ORS 181.537) which provides DHS the broad authority to require criminal history clearance to protect Oregon's most vulnerable citizens.  Most standards remained the same, however, new language has been developed regarding the accessibility of name-based and fingerprint-based criminal history check results.  These changes were added to the Criminal History Check Rules effective 9/1/2007.  In addition, the rules were moved from Chapter 410 to the Department’s administrative rule chapter for the Administrative Services Division and the Director’s Office, Chapter 407.

• DHS Criminal History Check Rules (effective 9/1/2007)

The Criminal History Check process

Who needs to be checked?

The administrative rules define a person who must be checked as a "subject individual." Subject individual includes people who work, volunteer and, in some cases, live in a location where services are provided to children, seniors, and people with disabilities or mental illness.

What we check and how
Criminal history checks are done through both the State of Oregon Law Enforcement Data System (LEDS) and the Federal Bureau of Investigation (FBI) data center. In addition, information may be obtained through child protective services, Driver and Motor Vehicles Division (DMV), court records, and other states' data systems. Fingerprints may be required as part of the check.

DHS Criminal History Check Policy and Procedure

Follow DHS policy and procedures to conduct criminal history checks on subject individuals pursuant to DHS criminal history check administrative rules.

• DHS-060-010, Criminal History Checks policy
• DHS-060-010-01, Criminal History Checks on DHS Non-Institution Employees procedure

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Training

Forms

The forms linked here are the most recent versions currently in use. 

In July 2007 the Criminal History Request forms (DHS0301AD and CP) were revised in order to streamline the process and shorten response times.  Effective October 1, earlier versions of the 301 will no longer be accepted. 

In September 2007 other forms were revised to reflect recent changes in the administrative rules. 

Please make sure you are using the most current version of each of the forms.

Criminal Records Unit contact information

• Phone: 1-888-272-5545 or (503) 378-5470
• Email: cru.info@state.or.us
• TTY: (503) 945-6214
  
  

Other Tools & resources

• The crime list (Revised 9/2007), referenced in the administrative rule, may be a helpful tool for those who process requests for criminal history checks. The list is searchable and is color-coded by length of review time. By pointing your mouse at the triangle in the upper right-hand corner of the ORS number cell, a drop-down window will display the statutory description of the crime.

• Oregon State Archives Division Records Retention Schedule (Revised 6/5/07) for criminal background check records.

• Staff and providers who are involved with the criminal history check process can access or order a copy of the Criminal Code of Oregon at the Oregon Legislative Counsel Web site.

• Individuals who are interested in receiving electronic updates from the DHS Criminal Records Unit can become a member of the CrimHistoryInfo email group by enrolling at http://listsmart.osl.state.or.us/mailman/listinfo/crimhistoryinfo
  
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