What is an Arrest Record?
Arrest Records is a term used in the state of Oregon to describe an extensive set of crime history information held by the state police. The Open Records Unit of the Oregon State Police furnishes information in response to civilian inquiries for arrest records search. This report will usually include information on all records and custodial detentions that occurred in the state within a period of one year whether such a case resulted in acquittal or dismissal.
So, it would be safe to suggest that the general population is only granted limited access to the information held by this agency. The Open Records Department will make it a point to notify the subject of the inquiry about the search request received by them while offering the results of the inquiry to the applicant. The search for arrest records can be initiated online or by submitting a formal request at the agency office.
At the time of writing this article, the state police was only accepting name based search request from individuals and private companies. A cost of $10 has to be incurred by the applicant and this is a non refundable fee. This means that the charges will be payable even if no results are yielded by the inquiry. It is also possible to request a crime history check through mail or fax
The Oregon Revised Statute Chapter 181 and the Administrative laws of the state Chapter 257 offer provisions for offering crime history related information to the public. Pursuant to these laws, complete criminal offender information can only be disseminated by the agency to criminal justice agencies. For civilians, the background report procured from the Open Records Unit will usually contain information on:
- The arrest date
- The criminal case in which the detention occurred
- The agency that effected the arrest
- The court that issued the arrest warrant
- Disposition of the case
- Se3ntencing data
- Date of parole
- Release and parole revocation dates
If this information is being sought for the purpose of offering employment, the prospective employer is legally obligated to notify the candidate that such an inquiry will be conducted as part of the hiring process. Also, the subject of the inquiry will have to be informed about the results of the search if this has impacted his ability to gain employment in the firm, in any way. The response time for civilian searches may vary depending on the number of requests and the amount of data sought. However, the department will offer the results within a span of 14 days.
What is an Arrest Warrant?
An arrest warrant is defined as a judicial order which is issued in response to a compliant received by the magistrate's office. Pursuant to Chapter 133 of the Oregon State Laws, such a decree of detention can only be issued when the sitting judge of a tribunal that has criminal jurisdiction is satisfied that the evidence set forth by the local law enforcement is enough to clarify probable cause. This is defined as evidence which is adequate to form the belief that the person in question has indeed committed the criminal act.
In cases when the offense is subject to the issue of a criminal citation, the magistrate may order a peace officer to serve such a criminal citation instead of detaining the said individual. As far as active warrants and search orders are concerned, reasonable cause to arrest and search are synonymous with each other. This means that the very reasons that are given to justify a custodial detention can also be provided for entering and searching a private property.
In accordance with section 133.030, judicial entities that are allowed to issue arrest warrants in the state of Oregon include: Justices of the Supreme Court, Judges of the court of appeals, magistrates of the circuit court, municipal and county judges. For such a detention order to be issued, the sheriff's office has to file a petition with a tribunal that has criminal jurisdiction. This complaint is meant to inform the judiciary of the evidence collected in the matter and other case related facts.
In an attempt to describe the contents of an arrest warrants, section 133.140 mentions that such a detention directive will always be in writing and bear the seal of the state of Oregon along with the signature of the sitting magistrate signifying that the order has the backing of the judiciary. The original affidavit filed by the police will be attached to the warrant and the order will expressly state the name of the offender who is to be taken into custody, the date and place of issue and the crime for which the person in question is being detained.
Apart from this, a warrant will also have an explicit order directed at peace officers from within the issuing county and from the rest of the country to apprehend the person in whose name the warrant has been issued immediately on sight. Also, the order will specify the authority granted to the arresting officers under the provisions of the warrant.
How to Search For an Inmate in the Oregon Prison System?
The Oregon Department of Corrections offers an online tool that can be used to find inmates serving time in the prison system of the state. This provision is available to just about anybody who is willing to log on to the site of the DOC and use the application. At this time, the DOC only offers limited information pertaining to the prisoners serving time in the correctional system.
Applicants will only be able to find details on convicts who are currently lodged in incarceration facilities of the state and not those offenders who are at present on parole or those who have served their sentences and have been released. To use the tool offered by the DOC, visit their website at http://docpub.state.or.us/OOS/intro.jsf
On this page you will find a disclaimer that you will have to agree to in order to use the tool. Simply click on the tab that reads "I agree" and you will be directed to the form page. Here, you will be asked to enter information about the convict.You can search by name or the SID number of the prisoner. This is the State Identification Number given to all offenders entering the prison system of Oregon.
Enter all the information you have on the subject; if you are not sure about a specific search criteria like the first or the middle name, you can use wild card search inputs like an asterisk. For instance, If you are not sure if the name of the person is spelled as Glen or Glenn, just add "*" after "Glen" and your results will display information on all prisoners who have this first name
Clicking on search will take you to the results page which will have details on all inmates that match your search parameters. For convenience, it is possible to sort this list by first or last name and even by date of birth or the SID number. Clicking on the name or the SID of a particular inmate will take you to the extended information page.
Here, you will find details on the inmate's name including any aliases, gender, age, race, physical traits like height, weight, eye color, identifiable marks, case number, SID number and worker, sentencing information, release dates and a photograph.
If you are looking for records of prisoners who are no longer serving time in the correctional system, try the VineLink at https://www.vinelink.com/vinelink/initMap.do. Click on Oregon from the map to access details on inmates incarcerated in the state. Once again, you will be redirected to a forms page where you will have to furnish the name or the SID of the prisoner and click on search to get the results.
Who Can Search For Arrest Records and Warrants in OR?
The Freedom of Information Act of Oregon and the Privacy Act are the two statutes that govern the dissemination of public records to civilian applicants. Pursuant to these laws, anybody can access data pertaining to arrest records and warrants in Oregon. In fact, people can access both published as well as non-published records through state agencies under the provisions of these laws.
If the data you seek is in the published form, the state government is obligated to provide it through agency reading rooms or libraries, government printing bookstores, federal depository libraries and mailing lists. Warrants related data is not included in the published records category hence the applicant for such an inquiry will have to get in touch with the agency office in person or through mail.
Neither the Open Records Unit nor is any other state agency allowed to disseminate information that pertains to the social security number of any individual or health information. Also, out of bounds are details on state employees and federal and local law enforcement and government agents.
How to Request Records Under the Oregon Records Act?
Under the Open Records Act of the state of Oregon, any individual or privately owned corporation can seek arrest records by visiting the Open Records Unit of the state police in person or writing to them at the Oregon State Police, Unit 11, PO Box 4395, Portland, Oregon 97208
In order to initiate the inquiry, you will need to provide the name and address of the person or the agency that is applying for the search. The full name and date of birth of the subject of such an inquiry along with his/her social security number and the last known address of this person. A $10 check or money order will have to be included with the mail; this has to be payable to the Oregon State police. Applicants are charged on per search basis.
If the agency that is requesting this information offers health services to the mentally unstable, children or seniors, the organization will be allowed to conduct a fingerprint based check. Also, law enforcement agencies are allowed access to finger print searches. The results of such an inquiry will bring full disclosure which means that past arrest records and warrant related information will also be relayed through such a report.
Commercial establishments can also establish a monthly billing account. You can find the registration form for this at http://www.oregon.gov/osp/ID/pages/public_records.aspx. For person background check reports, you can fill out the "Own Records Request Form".You will have to mail in all the relevant information along with a money order of $33 for this report.
How Long Does An Arrest Record or Warrant Stay On File In Oregon?
Arrest warrants from Oregon do not have a set expiry period. These orders stay valid for as long as it takes to bring the accused to books. This means that once such an order is released the only real change that ever comes to it is a slight difference in the legal terminology used to refer to the document. Old arrest orders are termed as outstanding warrants and these can be held back in the system for as long as 99 years.