Department of Fish and Wildlife
Chapter 635
Division 600
CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES
635-600-0035
Crimes Relevant to a Fitness Determination
(1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law.
(a) All felonies.
(b) All misdemeanors.
(c) Any U.S. military crime or international crime.
(2) The Department shall evaluate a crime or offense on the basis of the laws of the jurisdiction in which the crime or offense occurred.
(3) The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances;
(a) ORS 163.095, Aggravated murder;
(b) ORS 163.115, Murder;
(c) ORS 163.375, Rape I;
(d) ORS 163.405, Sodomy I;
(e) ORS 163.411, Unlawful sexual penetration I;
(f) ORS 163.427, Sexual abuse I.
(4) Under no circumstances shall a subject individual be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262.
(5) Under no circumstances shall a subject individual be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225.
(6) Examples of other criminal offender information that may be potentially disqualifying may include;
(a) Sex offender registration,
(b) Conditions of parole, probation, or diversion program, or
(c) Unresolved arrest, charge, pending indictment or outstanding warrant
Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
History:
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08