Employers in Oregon can conduct pre-employment background checks to assess a candidate’s qualifications and suitability for a position. These checks typically include criminal history, verification of employment and education, and motor vehicle record reviews. To ensure compliance with relevant federal, state, and local regulations, employers must follow legal guidelines throughout the hiring process.

What Is an Oregon Background Check?

In Oregon, employers have the option to conduct background checks on job candidates, volunteers, and independent contractors. These checks can include criminal history, employment records, education verification, driving records, credit reports, and other relevant details. By leveraging this information, employers can make more informed and fair hiring decisions.

Certain background checks, such as criminal records and motor vehicle reports, also help Oregon employers mitigate potential risks, protect company assets, and maintain a safe work environment.

Common Oregon Background Checks

Employers in Oregon may conduct several types of background checks to assess candidates, including:

• Criminal Background Check: Reviewing criminal records to identify felony or misdemeanor convictions, as well as ongoing criminal cases.
• Employment Verification: Confirming details of a candidate’s previous job titles, employers, and employment duration.
• Education Verification: Checking the candidate’s educational history, including degrees and attendance dates.
• Driving Records: Reviewing driving history, license status, violations, and any vehicle-related criminal convictions, particularly for positions requiring driving.
• Credit History: Assessing credit reports to examine financial responsibility, including collections or bankruptcies, for roles involving financial duties (where permitted by state law).
• Drug Testing: Conducting tests to detect controlled substances, whether illicit or prescription, as part of workplace safety or regulatory compliance.

Oregon Criminal Background Check

Employers often conduct criminal background checks to ensure workplace safety, particularly in industries like public safety and childcare. These checks can reveal felony convictions (e.g., assault, theft, and kidnapping) or misdemeanors (e.g., disorderly conduct, trespassing, public intoxication).

Oregon employers must follow state laws, including the ban-the-box law, which restricts when criminal history can be inquired about. Employers must also adhere to federal, state, and local regulations when conducting these checks.

Oregon State Police Background Check

Oregon State Police background checks are available through the Criminal Justice Information Services (CJIS). Individuals can request their own records through fingerprint-based searches, while third parties (such as employers) can request criminal records via name-based searches.

These checks generally take up to 14 days, during which the individual is notified and given an opportunity to review their record for accuracy. The State Police checks only cover Oregon criminal records, so additional checks are necessary to review criminal histories in other states.

Oregon Drug Testing

Drug testing helps employers maintain a safe work environment and comply with industry regulations. Employers may conduct tests to identify recent use of prescription drugs or illicit substances. Lab-based urine tests are commonly used, and certain roles, like commercial drivers, may require drug testing under federal regulations.

How Long Does a Background Check Take in Oregon?

The duration of a background check in Oregon can vary depending on the type of check and the entity performing it. For example, criminal background checks through the Oregon State Police may take up to 14 days. Employment verification and reference checks can also take time, as they often involve coordination with courts, county clerks, or law enforcement.

To expedite the process, many Oregon employers choose to work with accredited Consumer Reporting Agencies (CRAs) such as Identify Background Checks, which can access public records databases, speeding up the process and ensuring compliance with federal and state laws.

How Far Back Do Background Checks Go in Oregon?

In Oregon, the lookback period for a background check depends on the type of check and applicable laws. Oregon does not impose a 7-year limit for reporting felony or misdemeanor convictions. However, arrest records through the Oregon State Police are typically limited to one year.

Employers using a CRA for criminal background checks must comply with the Fair Credit Reporting Act (FCRA), which restricts reporting non-conviction arrests older than seven years. The FCRA also limits the reporting of bankruptcies (beyond 10 years) and civil judgments (beyond seven years). The seven-year limit does not apply to candidates seeking positions with an annual salary over $75,000.

When verifying employment and education history, employers can conduct checks going as far back as needed.

Oregon Background Check Laws

Oregon employers conducting background checks must adhere to both federal and state regulations. These include:

• Ban-the-Box Law: Oregon mandates that both public and private employers wait until after an initial interview (or after a conditional offer) before asking about a candidate’s criminal history. Some cities or counties within Oregon may have additional ban-the-box laws.

• O.R.S. 659A.320: This law limits employers’ ability to use a candidate’s credit history during the hiring process, with specific exceptions for positions involving access to sensitive financial data, public safety, or roles in federally-insured financial institutions.

• Oregon Equal Pay Act: Employers are prohibited from asking candidates about their salary history before extending a job offer. This includes not using past salary information to determine compensation for a new role.

• Fair Credit Reporting Act (FCRA): Employers using a CRA for background checks must comply with FCRA guidelines. These include providing written disclosure to candidates, obtaining their consent, and following the adverse action process if a decision is made based on the background check.

Oregon’s background check laws are designed to protect job candidates from discrimination and ensure that employers make fair and informed hiring decisions. Employers should familiarize themselves with these laws to ensure compliance and avoid potential legal issues.