How Far Back Can A Background Check Go In Oregon

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Oregon Authoritative Rules

Please note:Links to rules on this page go to the Secretary of State website or to official Secretary of Land documents. Formatted copies of Background Check Unit rules are available to ORCHARDS users in the ORCHARDS Help Section. Current rules in ORCHARDS are permanent rules, effective 12/17/2021.

Questions?
If you take questions almost any of the rules, contact united states of america past electronic mail at bcu.info@dhsoha.state.or.us or by phone at 503-378-5470 (toll free at 888-272-5545).

DAS Criminal Records Checks Rules

Criminal Records Check Rules OAR 125-007-0200 through 125-007-0330
Effective 1/four/2016 (permanent rules)

Pursuant to ORS 181A.215, the Oregon Department of Administrative Services implemented statewide administrative rules on January 4, 2016. These rules streamline the criminal records check process for all of Oregon, providing guidelines for decreasing risk to vulnerable populations by individuals who take access or provide intendance. BCU rules have been updated to adhere to the DAS rules while maintaining the specific needs for ODHS|OHA employees, contractors, and volunteers, and for ODHS|OHA providers and qualified entities.

ODHS and OHA Employee Rules

Criminal Records Checks for the Department of Human ServicesOAR 407-007-0000 through 0100
Effective 12/17/2021 (permanent rules)

These rules comprehend criminal records checks on ODHS employees, volunteers under the direction and control of ODHS, and certain contractors. Please note, since 9/27/2019, at that place are timeframes for how long convictions are considered potentially disqualifying. Please download the rules higher up for details; this flyer provides a list of potentially disqualifying convictions and weather.
If a subject individual has one or more potentially disqualifying convictions or conditions ODHS|OHA must bear a weighing test. Encounter this weighing test flyer to sympathise what ODHS|OHA considers. This flyer can assistance you plan materials to provide ODHS|OHA in a background check request. Whatsoever details and additional documents you provide for the weighing test assist ODHS|OHA make an informed fitness determination. BCU has fabricated all rules which has been temporary since vi/25/2021 now permanent. In addition, BCU is currently review other rules for any needed grammar or language corrections.

Abuse Checks for Department Employees and Volunteers OAR 407-007-0400 through 0460
Effective ii/10/2020 (permanent rules)

These rules cover abuse checks on ODHS and OHA employees and volunteers. Contractors for Oregon State Infirmary, Stabilization and Crunch Unit, and any ODHS or OHA contracted secure Residential Handling Facility are besides subject to these rules. All other contractors are not subject to these rules. BCU is currently reviewing these rules for any needed grammar or language corrections.

Background Checks for the Oregon Health AuthorityOAR 943-007-0001 to 943-007-0501
Effective 2/10/2020 (permanent rules)

These rules embrace criminal records checks on OHA employees, volunteers nether the direction and command of OHA, and certain contractors, incorporating the ODHS rules past proxy. See in particular OAR 943-007-0000(1), 943-007-0000(iii), and 943-007-0501. BCU is currently reviewing these rules for any needed grammar or language corrections.

ODHS and OHA Provider Rules

Criminal Records Checks and Abuse Checks OAR 407-007-0200 to 407-007-0370
Effective 12/17/2021 (permanent rules)

These rules encompass criminal records checks and corruption checks for individuals and facilities licensed, certified or regulated by ODHS for positions such as domicile intendance workers, long-term intendance facility volunteers and staff, adult foster dwelling house providers and caregivers, and staff and volunteers of private licensed child caring agencies
Delight notation, since 9/27/2019, there are timeframes for how long convictions are considered potentially disqualifying; this flyer provides a list of potentially disqualifying convictions and conditions.
If a subject private has one or more than PDQs, ODHS|OHA must comport a weighing test. Run into this weighing test flyer to understand what ODHS|OHA considers. This flyer tin aid you plan materials to provide ODHS|OHA in a groundwork check asking. Any details and boosted documents you provide for the weighing examination help ODHS|OHA brand an informed fitness determination.
BCU has made all rules which has been temporary since 6/25/2021 now permanent. In add-on, BCU is currently review other rules for whatever needed grammer or linguistic communication corrections.

Background Check Registry and PortabilityOAR 407-007-0600 to 407-007-0640
Effective 12/17/2021 (permanent rules)

These rules implement ORS 443-006, augmenting BCU's Oregon Criminal History and Abuse Records Data System (ORCHARDS) to include a searchable online registry of individuals with completed groundwork checks who work or seek to work every bit homecare workers, or eligible to piece of work in certain facilities. If BCU approves a subject area private'southward groundwork check and the discipline individual has Portability, the individual may be hired past a facility or work as a homecare worker without a new background bank check. An private maintains placement on the registry by having rechecks for a defined period of time, for case, every two years.

Criminal History Check for Oregon Wellness Authorization ProvidersOAR 943-007-0001 to 943-007-0501
Effective 2/10/2020 (permanent rules)

These rules encompass criminal records checks on OHA providers incorporating the ODHS rules by proxy, with specific rules for OHA hearing rights. See in particular OAR 943-007-0001(2) and 943-007-0501. Effective seven/2/2018, BCU has updated language regarding the incorporation of ODHS background check rules; changes besides include updates to the appeal procedure for adverse outcomes. BCU is currently reviewing these rules for any needed grammar or language corrections.

Oregon Revised Statutes

The citations for the Oregon statutes which govern criminal records checks are in Affiliate 181A and Affiliate 443. SB 280 (linked above) has not even so updated these chapters.

Former Statute	New Statute	Explanation
181.516	181A.170	Electronic fingerprint capture required.
181.533	181A190	Clearinghouse criminal records checks.
181.534	181A.195	Authorizing statute assuasive sure agencies to run fingerprint based criminal records checks. (Run across update in SB 280 link at pinnacle of this page)
181.537	181A.200	Authorizing statute for Oregon Department of Human Services and Oregon Health Authority to conduct criminal records checks on subject area individuals.
181.547	181A.215	Authorizing statute for Department of Administrative Services to implement rules on criminal records cheque processes in Oregon.
	181A235	Clearinghouse criminal records checks—waiver of fees on certain checks.
	443.004	Public funds for employment not allowed for subject individuals with certain convictions. (See update in SB 280 link at top of this page)
	443.006	Groundwork check registry for certain ODHS\|OHA subject individuals .
	443.007	Employment not allowed for certain subject individuals with sure abuse substantiations.
	443.008	Certain criteria to be weighed for potentially disqualifying abuse; what can exist challenged in contested example hearing.

Process, policy and procedures

Who needs to exist checked

The authoritative rules define a person who must exist checked every bit a "subject individual." Subject private 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. The term likewise includes employees and volunteers of ODHS and OHA and many persons or employees of organizations contracting with these agencies.

What nosotros check and how

Criminal records checks are conducted through the State of Oregon Law Enforcement Data System (LEDS) and, if necessary, through the Federal Agency of Investigation (FBI). In addition, data may exist obtained through the Driver and Motor Vehicle Services Division (DMV), court records, and other states' data systems. Fingerprints may exist required equally part of the cheque. Certain abuse records will also be reviewed.

See further information on ORS 443.004 impacting the criminal records check process

Policy and Procedures for ODHS and OHA employees, volunteers, contractors and establishment applicants

The background checks policy directs that criminal records checks and abuse checks be done in accordance with the administrative rules. The associated procedures provide more detail on the process for ODHS|OHA employees, volunteers, contractors and establishment applicants.

ODHS-060-010, Criminal History Checks policy
ODHS-060-010-01, Background Checks procedure on Not-Establishment ODHS Employees
ODHS-060-010-02, Background Checks procedure on Establishment ODHS Employees
ODHS-060-010-03, Reporting of New Criminal or Abuse Activity process
ODHS-060-010-04, Background Checks process on Volunteers