Oregon Criminal Records
Criminal records in Oregon are primarily generated when individuals are arrested, detained, charged, indicted, or convicted for any criminal offense. This implies that any encounter with the state's law enforcement or judiciary can result in a criminal record for an individual.
An Oregon criminal record (sometimes referred to as a 'rap sheet') is an official compilation or documented history of an individual's interactions with the state's criminal justice system. This record includes information about arrests, detentions, charges, indictments, and convictions for criminal offenses. The information within the state's criminal records is compiled from various agencies in the Oregon justice system, including police departments, courts, and correctional facilities across county and state jurisdictions. The Oregon State Police, specifically its Criminal Justice Information Services Division (CJIS), is the record custodian of criminal records in the state.
Criminal records in the state serve purposes beyond merely documenting an individual's criminal history. They play vital roles in the criminal justice system, including informing on past criminal behaviors, determining suitable punishment in future trials, and assessing a person's eligibility for opportunities such as employment, housing, or licenses, like weapons-related permits.
Are Criminal Records Public in Oregon?
Yes. Criminal records are public in Oregon under the Oregon Public Records Law. The law, codified in Oregon Revised Statutes (ORS) Chapter 192, stipulates individuals' fundamental rights to request and access public records, including criminal records. Accordingly, interested parties may submit a request to inspect or duplicate a copy of adult criminal records in the state.
Despite the general provision allowing access to criminal records in the state, the law includes several exceptions that empower the custodian of the records to withhold or restrict public access to specific criminal information. Records, such as juvenile records, those involved in active criminal investigations, crime victim information, and any record or information that may endanger or put a person's safety at risk, are typically withheld from disclosure.
Additionally, under the provisions of ORS 181A.220, access to another person's criminal history record is limited. Requests from individuals or agencies seeking information on another person's record are subject to a 14-day waiting period. During this period, the subject of the record is notified and given the opportunity to review their information. Access, when allowed, is only limited to conviction records and arrest records for less than one year, provided there has been no acquittal or dismissal.
Oregon Crime Records by County
County crime reports are official reports of crime data collected, analyzed, categorized, and maintained by local or state law enforcement agencies to provide information on local or state crimes, including occurrence, rates, and demographics.
Generally, crime reports in the state are made available to the public through periodic publications, including annual reports, quarterly reports, or monthly crime reports. Additionally, they may be presented in Mapping and Geographic Information Systems (GIS) or accessible through an online portal.
Instructions on how to access these records or links to them are typically found on the official websites of local or state police departments or sheriff's offices in Oregon. For instance, individuals can research Oregon crime statistics and data through the Oregon crime reports section of the Oregon State Police website. These reports offer a comprehensive crime analysis in the state, including data on arrests, county-wise breakdowns, offenses, and agency-specific information.
Additionally, the Portland Police Bureau provides monthly citywide crime data on its Portland crime statistics page, while the Multnomah County Sheriff's Office offers a public crime dashboard. Similarly, the Marion County Sheriff's Office provides crime information and mapping through its online portal.
Oregon Criminal Record Check
Interested individuals or authorized agencies can conduct a criminal record check (or "criminal background check") in Oregon. The Criminal Justice Information Services Division (CJIS) of the Oregon State Police (OSP) is the central repository for statewide criminal records. Individuals seeking to conduct a criminal record check in the state through CJIS have these options available to them:
- Online name-based search through the Oregon Criminal History Repository Portal to access another person's criminal record.
- In-person or mail-in requests for criminal records for another person's criminal history check (someone else records request form).
- In-person or mail-in requests for self-criminal history record check (request own record form).
Oregon Criminal History Repository Portal
Individuals or agencies conducting online criminal record searches for another person's criminal history can use the Oregon Criminal History Repository Portal. To initiate a name-based search, requesters must create an account on the portal and provide the necessary information. Each search costs $33, and requests are processed in the order of receipt. If there is no criminal information or if the individual's record consists only of non-conviction data, requesters will be notified that there is no criminal record, and no further information will be released. Responses containing criminal history information will only be mailed to the requester.
**Request Criminal Records in Person or via Mail **
Individuals or agencies in Oregon can access another person's criminal record through in-person or mail-in requests. To initiate the process, complete a personal record request form or third-party records request form and pay the $33 processing fee.
For billing customers (agencies with a billing account):
Oregon State Police
Criminal Justice Information Services Division
Attn: Open Records
3565 Trelstad Ave SE
Salem, OR 97317.
For direct payment customers (individuals paying by check or money order, or by debit/credit card in person at the Salem HQ):
Oregon State Police
Unit 11
P.O. Box 4395
Portland, OR 97208-4395.
All requests are processed in the order received and are subject to a 14-day waiting period, during which the record owner is notified and given the opportunity to review their information. Feedback containing criminal history details will be mailed to the requester. Response time will vary based on results and mailing time. Processing and feedback for fingerprint-based requests generally take seven to 10 business days, excluding mail time.
Find Criminal Records Online in Oregon
Individuals or agencies can request another person's criminal records through the Oregon State Police's Open Records Portal. However, the criminal history record is delivered by U.S. mail. This means that while the request is submitted online, access to the requested record is provided offline.
Free Criminal Record Search in Oregon
Individuals can perform a free or low-cost criminal record search in the state by applying for a fee waiver or reduction from the Oregon State Police (OSP). Fee waivers are granted upon meeting the 'public interest' test, explained in the guidance provided by DAS Statewide Policy 107-001-030.
Alternatively, requesters may use third-party aggregator sites that offer free Oregon criminal record searches. However, these free searches often yield limited information, as most sites require a fee or subscription plan for comprehensive criminal history reports. Typically, searches on these sites only require the full name and state of the record subject.
What Does it Mean if You Have a Criminal Record in Oregon?
Individuals with criminal records in Oregon often face obstacles that affect various aspects of their lives, including employment, travel, housing, and financial opportunities.
These challenges persist even for individuals who were never convicted or have completed their court sentences. Specific convictions can lead to limitations on professional licenses as well as restrictions on civil rights such as voting and firearm possession. Additionally, prior criminal convictions may also influence judgments in subsequent criminal charges—which highlights the far-reaching impact of having a criminal record.
To mitigate the impact of a criminal history, individuals can explore relief options, such as sealing or expunging a criminal record. Additionally, Oregon's 'Ban the Box' law aims to lessen the effect of a criminal record on employment opportunities. This law makes it unlawful for employers to demand an applicant's criminal history before the interview stage of the hiring process. For example, in Portland, employers are required to wait until a conditional job offer has been made before asking about an applicant's criminal history.
Does Your Criminal Record Clear After 7 Years in Oregon?
No, a person's criminal record in Oregon is not automatically cleared after a specific period, such as seven years. Instead, per ORS 137.225, certain criminal convictions can become eligible for setting aside or expungement. The eligibility criteria for expungement vary based on the type of offense and other factors. Typically, less serious offenses may have a shorter waiting period for expungement eligibility compared to more severe crimes.
For example, after seven years, class B felonies can be set aside; class C felonies after five years; and class A misdemeanors after three years. Additionally, low-level class B or C misdemeanors can be set aside or expunged after one year. To set aside a criminal record in the state, individuals must first file a motion to set aside their criminal conviction and submit an affidavit under penalty of perjury, verifying that they meet all the statutory eligibility requirements outlined in ORS 137.225.
Arrest Record Vs Criminal Record
An arrest record and a criminal record are distinct but related concepts. An arrest record documents an individual's history of arrests by law enforcement, detailing information about the circumstances surrounding the arrest, charges filed, and specifics such as date, location, arresting agency, and mugshot. Notably, it does not include information about whether the individual was convicted. On the other hand, a criminal record provides a comprehensive overview of a person's interactions with the criminal justice system. This includes details such as arrests, charges, convictions, completed sentences, probation, and more.
While both types of records can significantly impact an individual, a criminal record, particularly with convictions, often carries more severe and enduring implications for individuals in various aspects of their lives.
Oregon Police Records
Oregon police records comprise documented reports on crimes, incidents, accidents, and more, created, used, or retained by a police agency during its operations. Examples of documents within a police record include but are not limited to arrest reports, crime reports, accident reports, booking information, warrants, call logs, and complaint documents.
A police record differs from a general criminal record as the former is a subset, focusing specifically on police incidents or interactions, while the latter provides a broader history of an individual's involvement with the entire criminal justice system.
Police records are considered public under the Oregon Public Records Law. However, exemptions may affect public disclosure. Information related to juveniles, ongoing investigations, personnel data, and any information that could endanger individual safety or constitute an invasion of privacy may be subject to heavy restrictions.
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