SECTION 375:9-1-1.1. Definitions

  The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly states otherwise:

"Arrears" means money which is owed but left unpaid until a future date.

"Bureau" means the Oklahoma State Bureau of Investigation.

"CHIRP" means the Criminal History Information Request Portal, the OSBI's online system for members of the public to request criminal history record checks.

"Commercial purpose" means for purposes of employment, licensing (including Self-Defense Act), adoption, foster parenting, child care, insurance, workers compensation claims, tenancy requirements, civil law suit, and any criminal history record check mandated by law,

"Criminal history record" means the "rap sheet" form prepared by the OSBI containing a chronological history of individuals arrests, charges and the dispositions of same within the state of Oklahoma including "rap-back information" as determined appropriate and necessary by the OSBI. OSBI criminal history records do not list an individual's national arrest status.

"Criminal justice agency" means an agency which is a governmental agency which meets the definition of a criminal justice agency as contained in the Department of Justice Regulations on Criminal Justice information Systems (Title 28, CFR, Part 20, Subpart A), which defines criminal justice agency as "(c)...(1) courts; (2) a governmental agency or any subunit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice ("allocates a substantial portion" has been interpreted to mean more than 50% by the originator of Regulations. State and Federal Inspector General offices are included.) (d) The administration of criminal justice means performance by any of the following activities; detection, apprehension, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information."

"Director" means the Director of the Oklahoma State Bureau of Investigation.

"Non-serious offenses" offenses which are not recorded in criminal history records, adapted from the list of FBI non-serious offenses. Other misdemeanor and municipal offenses may also qualify as non-serious. See offenses exempted definition. Non-serious offenses include;

(A)   Allow minor in bar; Abusive language; Alms solicitation; Amnesia, AWOL; (unless referred to District Court);

(B)   Begging; Breach of Peace;

(C)   Card game playing; Careless or reckless driving (As long as under influence of drugs or liquor, hit and run, vehicular manslaughter; involuntary manslaughter NOT involved); Civil commitment; Criminal registration; Curfew violation;

(D)   Detention only; Detoxification; Dice game playing; Disregarding traffic signals; Disturbance; Disturbing public worship; Disturbing the peace; Dog laws; Drag racing; Driving while license suspended or revoked; Drunk; (non-traffic charges); Drunk in or about auto; Drunk in public restroom or restaurant; Drunk on highway;

(E)   Ex-convict registration;

(F)   Failure to give good account; Failure to operate in prudent manner (auto); Failure to register in hotel or register in hotel with someone other than husband or wife;

(G)   Failure to yield for emergency vehicle (blue light or siren); False fire alarm; Felony registration; Fireworks; Fishing without a license; Fighting; For Identification Purposes only;

(H)   General principals; Going through red light;

(I)   Head lighting; Hunting without a license; Hitchhiking;

(J)   Illegal consumption of beer; Illegal possession of beer; Inadequate brakes; Inquiry (unaccompanied by criterion charge); Interview; Intoxication; Investigation (unaccompanied by criterion charge); Investigation mental;

(K)   Late hours; Loafer; Lodger; Loitering; Lottery playing; Lunacy; (unless print pertains to major charge);

(L)   Mandatory appearance; Material witness; Medical treatment; Mental; Minor in bar; Minor attempting to buy beer; Minor in consumption; Minor in gambling house; Minor in possession of alcohol; Misrepresenting age (liquor); Mooching;

(M)   Narcotics registration; Negligent driving, No driver's license (operating auto with altered license considered a serious charge); No inspection sticker or expired sticker; No visible means;

(N)   Obstructing traffic; Operating auto without license;

(O)   Panhandling; Parking warrants; Patient (unless print pertains to MAJOR charge, i.e. rape, murder); Peace bond; Peace warrant; Possession of lottery tickets, policy slips or numbers; Possession of open bottle or container; Probation or parole check; Profane language; Public intoxication; Public nuisance; Purchasing liquor as minor;

(P)   Re-booked on suspension; Runaway;

(Q)   Safekeeping; Sex registration; Sleeper; Sleeping in the subway; Speeding; State work furlough; Suspect; Suspicion; (unaccompanied by criterion charge); Suspicious person; Suicide (attempted);

(R)   Transporting open container; Traffic violations (minor traffic, vehicle and licensing charge); train riding (hobo); Tramp; Transient; Truancy; Trusty commitment;

(S)   Urinating in public; Uninsured motor vehicle; Unlawful blood alcohol content (alone only-not with driving charge);

(T)   Vagabond or rogue; Vagrancy; Venereal control registration; Visiting a common nuisance; Voluntary commitment;

(U)   Walking on highway; Wayward;

(V)   Use of language to arouse anger.

"Offenses exempted" means non-serious offenses or crimes listed under the definition of non-serious offenses. The OSBI may also determine that other misdemeanor and municipal offenses are also non-serious. Offenses may be considered by the OSBI to be non-serious if it is a minor infraction which would not result in substantial harm to any individual or to the public's health or safety. Where harm is pecuniary, substantial shall mean an amount in excess of $50.00. For example, although the offense of driving under the influence is a misdemeanor it does not qualify as a non-serious offense. It shall be maintained in criminal history records because the offense poses a significant risk of harm to the individual's public safety

"OSBI" means the Oklahoma State Bureau of Investigation.

"Other purpose" shall include such things as personal safety and community awareness.

"Rap-back information" means a follow-up chronological history of individuals arrests, charges and the dispositions of same within the state of Oklahoma that occur after the date after the request.

"Request" means a request for criminal history records from the OSBI.

"Requestor" means the person, governmental agency, or other entity who makes a request for criminal history records.

[Source: Added at 10 Ok Reg 4793, eff 9-17-93 (emergency); Added at 11 Ok Reg 3323, eff 6-27-94; Amended at 16 Ok Reg 3323, eff 7-26-99; Amended at 17 Ok Reg 316, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2540, eff 6-26-00; Amended at 30 Ok Reg 1802, eff 8-1-13; Amended at 35 Ok Reg 1760, eff 9-14-18]