ACCESS TO OREGON STATE CRIMINAL RECORDS

To find out if an individual has a criminal record in the state of Oregon we check the state repository, the relevant county criminal court records, and civil court records. 

It is possible to run this report with just a name and date of birth, although, the social security number is helpful in narrowing the search.

Thirty-three (33) out of the thirty-six (36) counties in Oregon as well as the state's criminal record repository, the Oregon State Police Department, allow criminal record searches by phone, fax or mail.  Only one (1) county requires a release signed by the subject of the search. If the county, or counties, specified can only mail records back to us then there will be an unavoidable delay in processing the record request.
               
Circuit Courts hold felony records and civil case filings involving amounts of $10,00 or more. District Courts hold misdemeanor records and civil case filings involving amounts of less than $10,00.  IN many counties these courts are housed in the same building.

Because the Oregon legislature has not adopted laws that affect every private right, courts rely on the "court-made" law called "common law" to provide some certainty for courts and the people who come to the court for help in resolving disputes. The state legislature can change a common law rule by adopting a statute that defines a different rule, so long as that rule does not conflict with the state or federal constitution and so long as the governor does not veto the rule (usually because the governor disagrees with the policy change or believes that the change would violate the state or federal constitution).
                   
The legislature can change the common law by enacting a statute. If a court is presented with a civil case governed by statutory law, the court must follow the law. However, if no statute "governs" the issue in a particular case, the court may look to the common law rules for guidance.

When an appellate court must interpret statutory or common law to decide a case, the court's decision becomes precedent for deciding future cases involving similar circumstances. A precedent that interprets a statute makes that interpretation part of the statute. A precedent that applies the common law to a new situation becomes part of the common law. Although courts usually "follow" precedent or the rule in earlier cases on similar issues, courts may modify the earlier common law rules under certain circumstances.

The legislature enacts statutes that affect courts in other ways as well. The legislature determines the budget for the state courts and defines the amounts they charge for filing fees and other court fees. The legislature also defines how state courts collect fines and distribute the money collected.

Courts in Oregon

Within its borders, Oregon has a unified system of state trial and appellate courts. It also has locally funded, limited jurisdiction municipal courts, county courts, and justice of the peace courts, federal courts, and tribal courts. Oregon also has a number of administrative boards that function like courts in special areas governed by administrative agency rules as well as statutes. Examples include the Land Use Board of Appeals and the Workers' Compensation Board. These boards are not in the judicial branch but are agencies in the executive branch of government (you will find more information on the executive branch at http://www.state.or.us). Although these boards are not courts, they do have legal authority to hear certain disputes and make decisions about the parties' legal rights in those disputes. Parties may appeal from those decision to the state appellate courts. This page focuses on the state courts and describes only briefly other courts and the administrative boards that sit in Oregon, some of which have their own pages with more information.

Oregon State Courts

The state courts include the Supreme Court, Court of Appeals, Tax Court, and 36 circuit courts in 26 judicial districts. These state courts are part of the Oregon Judicial Department.

Municipal, county, and justice courts are local courts that continue as limited jurisdiction tribunals outside the state-funded court system. The Oregon Judicial Department has no administrative control over those local courts.

The Chief Justice of the Oregon Supreme Court is the administrative head or chief executive officer of the Oregon Judicial Department. The Chief Justice supervises the state court system, makes rules and issues orders to carry out the duties of the office, appoints the Chief Judge of the Court of Appeals and the presiding judges of the state trial courts, adopts rules that establish procedures for all state courts, and supervises the statewide fiscal plan and budget for all state courts. The State Court Administrator is the Judicial Department's chief operating officer and assists the Chief Justice in administering and supervising the state courts through the various divisions of the Office of the State Court Administrator.

State law requires state court judges to be United States citizens, Oregon residents for at least three years, and lawyers admitted to practice in Oregon. They serve six-year terms and run for nonpartisan election. When a judge retires, resigns, or dies before completing a term, the Governor may appoint another qualified person to the position. To keep that position, the appointed person must run for election for a full six-year term at the next general election.

Oregon State Trial Courts

Oregon has two types of state trial courts:

• circuit courts, which are the general jurisdiction courts, and
• the Oregon Tax Court, whose jurisdiction is limited to cases involving taxes.

• *Full Name, first, last and middle (if applicable)
• *Date of Birth
• *Social Security Number (Required for county criminal records)
•  Gender
•  Aliases (if any)
•  Address

• Case Number
• County
• Defendant Name
• Date of Birth
• Race/Sex
• Charge(s)
• Offense Date
• Arrest Date
• File Date
• Disposition Date
• Disposition & Sentence

• Felonies are crimes that are usually punishable by at least one year or more of jail time.
• Misdemeanors are less severe charges punishable by a fine or jail time of less than one year.