A. The Oklahoma State Bureau of Investigation shall procure, file and maintain criminal history records for each person subject to mandatory reporting as provided by law, including photographs, descriptions, fingerprints, measurements and other pertinent information relating to such persons. It shall be the duty of law enforcement officers and agencies, sheriffs, police, courts, judicial officials, district attorneys, and the persons in charge of any state correctional facility or institution to furnish criminal history records to the Bureau as required by Section 150.1 et seq. of this title. The Oklahoma State Bureau of Investigation shall cooperate with and assist the sheriffs, chiefs of police and other law enforcement officers of the state by maintaining a complete criminal history record on each person subject to mandatory reporting as provided by law, and shall have on file the fingerprint impressions of all such persons together with other pertinent information as may from time to time be received from the law enforcement officers of this and other states or as may be required by law.
B. 1. The Oklahoma State Bureau of Investigation is authorized to conduct and receive results of national criminal history record checks for authorized purposes pursuant to Public Law 92-544, the National Child Protection Act/Volunteers for Children Act (NCPA/VCA) as amended, with or without a Volunteer and Employee Criminal History System (VECHS) waiver program or any other federal authorizing statute. The Oklahoma State Bureau of Investigation shall only release the results of national criminal history record checks to entities authorized to receive the results pursuant to federal law.
2. Any state agency, board, department or commission or any other person or entity authorized to request a criminal history record or an analysis of fingerprints for commercial, licensing or other purposes, except law enforcement purposes, shall conduct a national criminal history records check on all persons of the entity authorized to access or review national criminal history records checks information by July 1, 2009, and within sixty (60) days thereafter.
3. Each agency, person or entity authorized to request a criminal history record or an analysis of fingerprints shall pay a fee to the Bureau for each criminal history record or fingerprint analysis as follows:
Oklahoma criminal history record only$15.00 each
Oklahoma criminal history record with fingerprint analysis$19.00 each
National criminal history record with fingerprint analysis$41.00 each
4. For purposes of this section, "a national criminal history record check" means a check of criminal history records entailing the fingerprinting of the individual and submission of the fingerprints to the United States Federal Bureau of Investigation (FBI) for the purpose of obtaining the national criminal history record of the person from the FBI. A national criminal history record check may be obtained only when a check is authorized or required by state or federal law.
Agencies authorized by statute to conduct national criminal history background checks for individuals are eligible to participate in the Federal Rap Back Program administered by the Oklahoma State Bureau of Investigation. The Oklahoma State Bureau of Investigation is authorized to submit fingerprints to the FBI Rap Back System to be retained in the FBI Rap Back System for the purpose of being searched by future submissions to the FBI Rap Back System, including latent fingerprint searches and to collect all Federal Rap Back Program fees from eligible agencies wishing to participate and remit such fees to the Federal Bureau of Investigation.
5. Unless a national criminal history record is specifically requested, a fingerprint analysis shall be limited to only those records available at the Oklahoma State Bureau of Investigation. Following receipt of the appropriate fee, the Bureau shall provide, as soon as possible, the criminal history record requested; provided, however, it shall be the duty and responsibility of the requesting authority to evaluate the criminal history record as such record may apply to a specific purpose or intent. An individual may submit a certified court record showing that a charge was dismissed or a certified copy of a gubernatorial pardon to the Oklahoma State Bureau of Investigation, and upon verification of that record the Bureau records shall reflect the dismissal of that charge.
C. The Oklahoma State Bureau of Investigation may maintain an identification file, including fingerprint impressions, on any person under eighteen (18) years of age who is arrested or subject to criminal or juvenile delinquency proceedings, provided all such information shall be confidential and shall only be made available to the Bureau and other law enforcement agencies. Whenever a fingerprint impression or other identification information is submitted to the Bureau on a person under eighteen (18) years of age, the Bureau may retain and file such fingerprint and identification information for identification purposes only. The Bureau shall ensure that the information received and maintained for identification purposes on persons under eighteen (18) years of age shall be handled and processed with great care to keep such information confidential from the general public. The Bureau may receive and maintain the fingerprints and other identification information on any person under eighteen (18) years of age believed to be the subject of a runaway, missing, or abduction investigation, for identification purposes at the request of a parent, guardian or legal custodian of the person.
D. Any person who knowingly procures, utters, or offers any false, forged or materially altered criminal history record shall be guilty of a felony and upon conviction shall be punished by imprisonment in the custody of the Department of Corrections for a period not to exceed five (5) years or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
Added by Laws 1976, c. 259, § 9, operative July 1, 1976. Amended by Laws 1986, c. 201, § 11, operative July 1, 1986; Laws 1990, c. 186, § 2, eff. Sept. 1, 1990; Laws 1990, c. 258, § 49, operative July 1, 1990; Laws 1994, c. 259, § 2, eff. Sept. 1, 1994; Laws 2000, c. 258, § 1, eff. July 1, 2000; Laws 2001, c. 261, § 2, eff. July 1, 2001; Laws 2003, c. 204, § 11, eff. Nov. 1, 2003; Laws 2008, c. 107, § 1, eff. July 1, 2008; Laws 2015, c. 80, § 1, eff. Nov. 1, 2015; Laws 2017, c. 156, § 1, eff. Nov. 1, 2017; Laws 2019, c. 182, § 1, eff. July 1, 2019.
Structure Oklahoma Statutes
§74-2. May remove officers appointed.
§74-2.1. Filing of Gubernatorial appointments with Senate.
§74-2.2. Vacancies requiring legislative confirmation - Interim appointments.
§74-2.3. "Congressional district" defined.
§74-2.4. Change in number of congressional districts - Conflicts in board membership requirements.
§74-3.1. Recording of official acts
§74-4. Military record to be kept.
§74-6. May employ counsel for State.
§74-7. Maintenance of Governor's mansion.
§74-8. Governor - Incapacity - Devolution of powers and duties.
§74-9.2. SECTION 74-9.2 Other necessary committees - Expenses.
§74-9.23. Director - Appointment, duties and compensation of employees
§74-9.25. Assistance of Governor's advisory committees.
§74-9.26. Governor's Advisory Committee to the Office of Disability Concerns.
§74-9.27. Rules and regulations.
§74-9.27A. Client Assistance Program.
§74-9.29. The Governor's Advisory Committee on Employment of People with Disabilities - Creation.
§74-9.30. Purpose of act - Cooperation with other agencies.
§74-9.32. Executive committee.
§74-9.33. Office of Disability Concerns Revolving Fund.
§74-9.34. Gifts, donations, bequests or grants.
§74-9.35. Nonpartisan and nonprofit character of Committee.
§74-10. Compensation when acting as Governor.
§74-10.3. Cabinet system to be created.
§74-18. Attorney General as chief law officer.
§74-18b. See the following versions:
§74-18d. District attorneys, aiding and requiring aid of.
§74-18e. Criminal actions - Quo warranto - Appearance before grand juries.
§74-18g. Appearance not waiver of immunity of State.
§74-18l. Collection of fees for legal services from certain agencies.
§74-18n-1. Insurance Fraud Unit.
§74-18n-2. Power of Attorney General to investigate insurance fraud – Confidentiality of records.
§74-18p-1. Victims Services Unit.
§74-18p-2. Domestic Violence and Sexual Assault Advisory Council.
§74-18p-5. Statewide telephone communication service for victims.
§74-18p-8. Oversight by Attorney General - Collection and confidentiality of information records.
§74-18p-9. Crime victim and witness notification and victim protective order system.
§74-18p-10. Oklahoma Witness Protection Program.
§74-18q. State Reserved Powers Protection Unit.
§74-18r. Human Trafficking Response Unit.
§74-19.1. Attorney General's Law Enforcement Revolving Fund.
§74-19.2. Attorney General's Workers' Compensation Fraud Unit Revolving Fund.
§74-19.3. Attorney General’s Insurance Fraud Unit Revolving Fund.
§74-19a. Disbursements - Audits.
§74-20f. State officer or employee - Legal defense services.
§74-20g. Defense duties - Evidence
§74-20k. Justice Reinvestment Grant Program.
§74-20l. Collection of information by the Office of Attorney General.
§74-21b. Assistant Attorneys General - Other employees - Appointments - Duties and compensation.
§74-28. First Assistant Attorney General.
§74-28c. Appointment of assistants and employees - Term.
§74-28d. Certain offices not affected by this act.
§74-29. Designation as Natural Gas Curtailment and Regulation Hearings Counsel.
§74-30.1. Short title - Oklahoma Commission on Opioid Abuse Act.
§74-30.2. Creation of Commission – Members - Duties.
§74-30.3. Short title - Political Subdivisions Opioid Abatement Grants Act.
§74-30.6. Oklahoma Opioid Abatement Revolving Fund.
§74-30.7. Oklahoma Opioid Abatement Board.
§74-30.8. Disbursement of grants.
§74-30a. Legislative findings.
§74-30d. Termination of Board.
§74-51.1. Oklahoma Office of Homeland Security.
§74-51.1a. Interoperable public safety communications planning.
§74-51.2. Oklahoma Homeland Security Revolving Fund.
§74-51.2a. Emergency preparedness grants.
§74-51.2b. Oklahoma School Security Grant Program Act.
§74-51.2c. Oklahoma School Security Revolving Fund.
§74-51.2d. Oklahoma School Security Institute.
§74-51.3. Regional advisory councils.
§74-61.3. Experts and assistants.
§74-61.8. Reduction of property owned and leased by the state.
§74-62.5. Special cash fund - Creation.
§74-62.6. List of surplus property - Authorization to sell, trade or redistribute.
§74-62.8. Acquisition of fire protection equipment or vehicles.
§74-63. General powers and authority of Office of Management and Enterprise Services.
§74-63.1. Building and Facility Revolving Fund.
§74-63.2. Asbestos Abatement Revolving Fund.
§74-63.4. State Surplus Auction petty cash fund.
§74-63.6. Alternative process for certain business operations - Academic health centers
§74-66. Restrictions - Interest in other business or in state contracts.
§74-71. Taking of rebates by officer of Office of Management and Enterprise Services a felony.
§74-72. Monuments and markers.
§74-74.1. Regional service offices - Assistance to state agencies - Priority of buildings used.
§74-75. Capitol Cafeteria Revolving Fund - Establishment - Use.
§74-75a. Capitol cafeteria petty cash fund.
§74-76. Mailing service - Interagency communications and deposit of state mail.
§74-76a. Appropriations for mailing service - Statement of operations.
§74-76b. Financial statement of mailing service.
§74-76c. Postal Services Revolving Fund.
§74-77d. Oklahoma War Veterans Commission - Assignment of building.
§74-78a. Requisition of motor vehicles.
§74-78b. State agencies - Notice of disposal of vehicles - When disposal permitted.
§74-78c. State Fleet Management Fund.
§74-78e. Fleet Management Division.
§74-78f. Compressed natural gas (CNG) fueling stations.
§74-80.1. Fleet Management Division – Exchange of information.
§74-85.1. Short title - Oklahoma Central Purchasing Act.
§74-85.3A. Exempted entities - State purchasing contracts advisory committee.
§74-85.5. Powers and duties of State Purchasing Director.
§74-85.5.1. Privatization Projects.
§74-85.5a. State purchase card program.
§74-85.6. Grade and quality of acquisitions.
§74-85.7. Acquisition initiation – Submission of requisition.
§74-85.12. Act not to affect nonconflicting procedures — Acquisitions excluded.
§74-85.12b. Leasing, chartering or contracting for aircraft.
§74-85.17A. Bidding preferences - Reciprocity - Awarding contracts.
§74-85.22. Competitive bid or contract for goods or services – Form of certification.
§74-85.33. Registration of State Vendors Revolving Fund.
§74-85.33A. Contract Management Revolving Fund.
§74-85.39. Agency internal purchasing procedures.
§74-85.40. Travel expenses to be included in bid, proposal, or quotation.
§74-85.41. Professional services contracts.
§74-85.41A. Emergency acquisitions.
§74-85.42. One-year limitation on entering contracts with certain persons - Exceptions.
§74-85.43. Annual report of acquisitions.
§74-85.44B. Payment for goods or services pursuant to contract.
§74-85.44D.1. Sole source or sole brand acquisition.
§74-85.44E. Disabled Veteran Businesses – Bonus preference.
§74-85.45. Oklahoma Minority Business Enterprise Assistance Act.
§74-85.45a. Legislative intent.
§74-85.45c. Bid-preference program.
§74-85.45d. Inability to award contract under preference program.
§74-85.45e. Certification as minority business enterprise.
§74-85.45f. Report on contracts awarded to minority business.
§74-85.45g. Assignment of contracts.
§74-85.45h. Prohibited acts - Penalty.
§74-85.45i. Studies to determine disparity in minority business.
§74-85.45j.11. Oklahoma Supplier Diversity Initiative.
§74-85.45k. State Travel Office.
§74-85.45l. Trip Optimizer system – Purpose and application - Exceptions.
§74-85.47b. Administrator - Powers and duties.
§74-85.47c. Small Business Surety Bond Guaranty Fund.
§74-85.47d. Guaranty capabilities of program - Terms of guaranty - Establishment of indemnity fund.
§74-85.47e. Requirements to obtain surety bond guaranty - Applications.
§74-85.47f. Premiums and fees.
§74-85.47g. Administration of program.
§74-85.47h. Prohibited acts - Penalties.
§74-85.47i. Implementation of act - Rules and regulations.
§74-85.47j. Liability of state limited.
§74-85.52. Intent of Legislature - Implementation of act - Exemptions.
§74-85.54. Division and Director - Duties and responsibilities.
§74-85.55. Public entities - Powers, duties and responsibilities.
§74-85.55a. Information clearinghouse - Joint agreements and contracts - Interstate transactions.
§74-85.56. State Recycling Revolving Fund - Use of revenues from sale of waste materials.
§74-85.58B. Risk management insurance coverage - Fire protection.
§74-85.58C. Risk management insurance coverage - Rural gas districts.
§74-85.58D. Risk Management Fire Protection Revolving Fund.
§74-85.58E. Risk management insurance coverage - Transportation for the elderly and handicapped.
§74-85.58F. Tort liability coverage for counties providing juvenile detention facilities.
§74-85.58G. Risk Management Elderly and Handicapped Transportation Revolving Fund.
§74-85.58I. Conservation districts - Participation in the Risk Management Program.
§74-85.58J. Foster family homes - Property and casualty insurance.
§74-85.58K. Risk Management Revolving Fund.
§74-85.58L. Risk Management Political Subdivision Participation Revolving Fund.
§74-85.58N. Quick Settlement Account.
§74-85.58P. Risk Management Public Transit Revolving Fund.
§74-85.58Q. Purchase of blanket bond for state officers and employees - Bond exclusive.
§74-85.58R. Elective state officers - Blanket bond.
§74-85.58S. Classification of officers and employees for coverage under bond.
§74-85.58T. Schedule of amounts of surety required.
§74-85.58U. Statutorily required bonds.
§74-85.58V. Purchasing Division to purchase all bonds - Payment of premiums - Approval.
§74-88.2. Report of deviation.
§74-90.2. Payment of postal expense.
§74-90.4. Installation cost and rental fees - Payment.
§74-90.6. Purchase of imported beef by state agencies and political subdivision prohibited.
§74-95. Trade or transfer of products of state institutions.
§74-109.1. Renumbered as § 320 of Title 61 by Laws 2013, c. 209, § 32, eff. July 1, 2013.
§74-110.1. Inventory by Office of Management and Enterprise Services.
§74-110.2. Inventory records of departments, boards, etc.
§74-110.3. State agencies - Inventory record of motor vehicles.
§74-110.4. Higher Education Facilities Revolving Fund – Accounts and purpose.
§74-111. Office of State Printer abolished - Duties transferred - Letting contracts.
§74-121. Contract for auditing of books of state commissions or departments.
§74-123f. Convict-made goods - Sale or distribution prohibited - Exceptions.
§74-130. Alternative fuels - Transfer of powers, duties and responsibilities.
§74-130.3. Conversion of school and government vehicles to operate on alternative fuel.
§74-130.4. Oklahoma Alternative Fuels Conversion Fund.
§74-130.6. Fund expenditures not deemed debt of government entity.
§74-130.7. Compliance with Act.
§74-130.8. Pricing and selling of transportation fuels not to be regulated by governmental entity.
§74-130.9. Rules and regulations.
§74-130.25. Compressed Natural Gas Conversion Safety and Regulation Fund.
§74-150.3. State Bureau of Investigation Commission.
§74-150.4. Commission - Powers and duties.
§74-150.5. Investigations - Persons to initiate request.
§74-150.6. Director - Qualifications
§74-150.7. Director - Powers and duties.
§74-150.7a. Motor vehicle theft unit.
§74-150.7b. Disclosure of motor vehicle theft or insurance fraud - Definitions.
§74-150.7e. Liability of insurer.
§74-150.7f. Violations - Penalties.
§74-150.8a. Employee performance recognition program - Awards.
§74-150.9b. National Crime Prevention and Privacy Compact.
§74-150.10. Uniform crime reporting system.
§74-150.11. Evidentiary property – Disposition.
§74-150.12. Mandatory reporting of fingerprint and criminal history information.
§74-150.12B. Forms for reporting domestic abuse - Report of incidents.
§74-150.13. Rangers - Appointment.
§74-150.13A. Oil and gas industry crimes - Special officers.
§74-150.16. Rental or charter of aircraft.
§74-150.17a. Transfers of Criminal Justice Resource Center functions.
§74-150.19a. OSBI Revolving Fund.
§74-150.21. Legal division established - Duties - Restrictions.
§74-150.21a. Crimes information unit.
§74-150.21b. OSBI reports concerning use of deadly force.
§74-150.22. Special motor carrier enforcement officers - Transfer to State Bureau of Investigation.
§74-150.26. Information transmittal - Forms and procedures.
§74-150.27a. OSBI Combined DNA Index System (CODIS) Database.
§74-150.28a. Statewide electronic tracking system for sexual assault evidence collection kits.
§74-150.28b. Standardized sexual assault evidence kit.
§74-150.28c. Priority protocol for testing untested sexual assault evidence kits.
§74-150.30. Audits of petty cash fund.
§74-150.31. Business operations - Rules and procedures - Accounts receivable.
§74-150.32. Firearms Laboratory Improvement Fund.
§74-150.34. Judicial background investigations.
§74-150.35. Forensic Science Improvement Revolving Fund – Creation - Use of fund
§74-150.37. Definitions - Accreditation - Evidence in criminal trials.
§74-150.38. Child Abuse Response Team (CART) - Employees - Qualifications - Report.
§74-151.1. Internet Crimes Against Children unit - Local cooperative agreements.
§74-151.3. Unidentified persons – Missing persons – Data procedures.
§74-152.3. Additional powers and duties of Bureau.
§74-152.4. Oil reclamation - Inspections.
§74-152.5. Disposition of monies - Reports - Oil and Gas Theft Recovery Revolving Fund.
§74-152.7. Failure to stop vehicle or permit inspection - Penalties - Disposition of monies.
§74-152.9. Seizure and forfeiture proceedings.
§74-152.10. Additional employees for investigation of oil field theft and fraud.
§74-152.11. Bill of sale or invoice – Records - Violation.
§74-166.1. Creation - Director - Contracts.
§74-166.2. Commission for Rehabilitation Services - Powers and duties.
§74-166.3. Meetings - Secretary - Employees - Office.
§74-166.4. Transfer of Rehabilitation Services Division of Department of Human Services.
§74-166.7. Rehabilitation Services Disbursing Fund.
§74-166.9. Donations of tax refunds to School for the Blind/School for the Deaf – Revolving fund.
§74-166.10. Short title - Purpose.
§74-166.11. Ticket to Work and Self-Sufficiency Program.
§74-168.1. Travis Leon Harris Building - Designation.
§74-168.2. Travis Leon Harris Building - Marker.
§74-174. Investigation of state eleemosynary institutions.
§74-175. Report to Governor of investigation.
§74-177. Investigation of complaints against hospitals and homes.
§74-188. Inspection of domiciliary facilities.
§74-190. Transfer of employees to State Commissioner of Health - Status.
§74-191. Transfer of employees from other state agencies - Status.
§74-192. Inspection of city and county jails - Standards.
§74-193. Right of entry - Report of inspection.
§74-194. Deficient facility - Closing.
§74-195. Contracts for incarceration of prisoners.
§74-197. Administrative Procedures Act - Application.
§74-212.2. Contracting with counties for development of uniform computer systems.
§74-212.3. Form for joint school district millage certifications.
§74-212.4. Assistants to State Auditor and Inspector.
§74-212A. Audits of government entities.
§74-212B. Format of electronic submissions to State Auditor and Inspector.
§74-213. Examination of public institutions - Quality control reviews - Special audits.
§74-213.2. Performance Audit Division.
§74-216. Annual report to governor - Other reports.
§74-219A. Education and training of staff members.
§74-223. Report of irregularities and derelictions - Prosecution by Attorney General.
§74-225. Reports as additional - Public Records.
§74-227.3. Deposit of revenue into fund.
§74-227.6. Payments into fund - Disbursements.
§74-227.8. Payment for services by state agencies - Agreements - Deposits.
§74-227.9. State Auditor and Inspector Revolving Fund.
§74-228. Internal audits - Supervisory responsibility.
§74-229. Internal audit reports.
§74-232. Direction and supervision.
§74-238. Located at university.
§74-241. Survey created - Supervision - Object and duties.
§74-245. Survey created - Director - Object and duties - Copies - Report.
§74-250.4. State officers - Salaries.
§74-250.4a. Legislators - Salary or emoluments.
§74-250.7. Corporation Commission members - Chairman.
§74-255. Appointments and tenure - Citizenship - Exceptions.
§74-271. Senate and House of Representatives - Powers as to employees.
§74-283. Salaries fixed by statute are maximum salaries - No claim for excess above appropriation.
§74-284.2. Pay increase funds - Prohibition of expenditure for contracted private employees.
§74-291.1. Legislators - Per diem.
§74-291.1a. Legislators - Mileage and per diem.
§74-291.1b. Legislators - Reimbursable trips.
§74-291.3. Advice to Legislature - Travel expenses.
§74-291.10. Staff Review Committee of the Senate - Membership - Clerk.
§74-291.11. Meetings - Duties.
§74-291.19. Incentive bonuses.
§74-292.2. Permanent employees of House of Representatives - Salaries and emoluments.
§74-292.2a. Temporary employees of House of Representatives - Compensation.
§74-292.12. Implementation and administration of direct deposit system.
§74-314. Investigation of fires - Report to fire marshal - Record of fires.
§74-315. May take testimony - Causing arrest - Report to Insurance Commissioner.