Oregon Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Oregon Revised Statutes including ORS 659A.360, ORS 137.225, ORS 659A.320, and ORS 90.295.

Table of Contents

• Overview of Oregon Background Check Laws
• Ban the Box: Oregon's Statewide Law
• Portland's Criminal History Ordinance
• FCRA and Oregon: How Federal and State Law Interact
• Lookback Periods and Reporting Limits
• Employer Background Checks
• Credit History Restrictions for Employers
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Oregon Expungement and Record Sealing
• Oregon State Police Criminal Records Process
• Recent Changes to Oregon Background Check Laws
• Penalties and Enforcement
• Frequently Asked Questions
• Sources and References

Overview of Oregon Background Check Laws

Oregon has built one of the more comprehensive frameworks in the country for regulating how criminal history information is used in employment, housing, and professional licensing decisions. The state combines its own statutes with federal protections under the Fair Credit Reporting Act (FCRA) to create layered safeguards for individuals with past criminal records.

At the center of this framework is ORS 659A.360, Oregon's Ban the Box law, which restricts when employers can ask about criminal convictions during the hiring process. Complementing this statute are protections against credit history discrimination (ORS 659A.320), detailed tenant screening rules under the Residential Landlord and Tenant Act (ORS Chapter 90), and one of the most progressive expungement laws in the nation (ORS 137.225).

The Oregon Bureau of Labor and Industries (BOLI) enforces the employment-related provisions. Workers and applicants who believe an employer violated these laws can file a complaint with BOLI's Civil Rights Division.

Ban the Box: Oregon's Statewide Law

Oregon's Ban the Box law took effect in 2016. Under ORS 659A.360, it is an unlawful employment practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction.

The statute defines "exclusion" broadly. An employer violates the law if it:

• Requires an applicant to disclose a criminal conviction on an employment application
• Requires disclosure of a criminal conviction before an initial interview
• Requires disclosure before making a conditional offer of employment (when no interview is conducted)

This means that the checkbox asking "Have you ever been convicted of a crime?" cannot appear on job applications in Oregon. Employers also cannot run a criminal background check or ask about criminal history at any point before the initial interview stage.

What Employers Can Still Do

The law does not prevent employers from considering criminal history altogether. After an initial interview (or after a conditional job offer when no interview takes place), employers retain full discretion to evaluate an applicant's conviction record as part of the hiring decision.

Exceptions to Ban the Box

Oregon's Ban the Box law does not apply to:

• Employers in the criminal justice system
• Employers seeking nonemployee volunteers
• Situations where federal, state, or local law requires consideration of criminal history
• Law enforcement agencies

These exceptions are relatively narrow. Most private and public employers in Oregon are covered by the statute.

Portland's Criminal History Ordinance

Portland goes beyond state law with its own criminal history ordinance (City Code 23.10.030). This local law, amended by Ordinance 191973 effective January 1, 2025, imposes stricter requirements on employers operating within city limits.

Under the Portland ordinance, an employer may only consider an applicant's criminal history after making a conditional offer of employment. This is a higher bar than the state law, which permits inquiry after the initial interview.

Who the Portland Ordinance Covers

The Portland ordinance applies to any employer with six or more employees when the position involves work performed a majority of the time within Portland. The ordinance does not apply to:

• The United States government
• The State of Oregon and its agencies
• Political subdivisions of Oregon other than the City of Portland
• Employers with fewer than six employees

Rescinding a Conditional Offer

An employer may rescind a conditional offer based on criminal history only after a good-faith determination that a specific offense is job-related and consistent with business necessity. Blanket policies that automatically disqualify applicants with any criminal record are not permitted.

Limited Exceptions

Portland allows earlier inquiry into criminal history for positions involving:

• Direct access to children, seniors, or persons with disabilities
• Increased public safety concerns
• Roles specifically designed to encourage employment of individuals with criminal histories

FCRA and Oregon: How Federal and State Law Interact

When an Oregon employer uses a consumer reporting agency (CRA) to conduct a background check, the federal Fair Credit Reporting Act (15 U.S.C. Section 1681) applies alongside Oregon state law. The FCRA creates baseline protections that employers cannot override, while Oregon law adds additional restrictions on top.

FCRA Requirements for Oregon Employers

Before running a background check through a CRA, employers in Oregon are required to:

1. Provide the applicant with a clear, standalone written disclosure that a background check will be conducted
2. Obtain written consent from the applicant before the check begins
3. Provide a copy of the applicant's rights under the FCRA

The Adverse Action Process

If an employer decides not to hire someone based on information in a background report, the FCRA requires a two-step adverse action process:

1. Pre-adverse action notice: The employer sends the applicant a copy of the report and a summary of their FCRA rights before making a final decision
2. Final adverse action notice: After allowing the applicant a reasonable opportunity (generally five to seven business days) to review and dispute the report, the employer can proceed with the final decision and notify the applicant

Skipping either step exposes the employer to liability under federal law.

Lookback Periods and Reporting Limits

One of the most common questions about Oregon background checks involves how far back a report can go. The answer depends on the type of record and the salary level of the position.

FCRA Seven-Year Rule

Under the FCRA, consumer reporting agencies cannot report the following records if they are more than seven years old:

• Arrests that did not result in a conviction
• Civil suits and civil judgments
• Paid tax liens
• Collection accounts

No State Limit on Convictions

Oregon does not impose its own limit on how far back criminal convictions can be reported. Felony and misdemeanor convictions can appear on a background check indefinitely, consistent with the FCRA's general rule that convictions have no time limit for reporting purposes.

The $75,000 Salary Exception

The FCRA's seven-year limit on non-conviction records does not apply to positions with an annual salary of $75,000 or more. For these higher-paying positions, a CRA may report older records that would otherwise be excluded.

Record Type	Lookback Period	Notes
Criminal convictions	No limit	Reported indefinitely under FCRA and Oregon law
Arrests (no conviction)	7 years	FCRA limit; does not apply to jobs paying $75,000+
Civil judgments	7 years	FCRA limit
Bankruptcy	10 years	FCRA limit
Collection accounts	7 years	FCRA limit
Credit history (employment)	7 years	For positions under $75,000

Oregon State Police Records

Arrest records obtained through Oregon State Police (OSP) background checks may be limited to arrests within the past year that have not been dismissed or resulted in acquittal. Convictions, court dispositions, sentencing, probation, and parole information are retained for 30 years or more.

Employer Background Checks

Oregon employers conducting background checks need to navigate both state and federal requirements. Here is a step-by-step overview of the lawful process.

Step 1: No Criminal History Questions on the Application

Under ORS 659A.360, the job application cannot include questions about criminal convictions. The employer also cannot search for criminal records or ask about them informally before the initial interview.

Step 2: Conduct the Interview First

The employer conducts an initial interview without reference to criminal history. In Portland, the employer must go even further and extend a conditional job offer before any inquiry.

Step 3: Disclose and Obtain Consent

Before running a background check through a CRA, the employer provides a written disclosure and obtains written consent from the applicant, as required by the FCRA.

Step 4: Review Results Carefully

If the background check reveals criminal history, the employer should evaluate whether the specific offense is relevant to the position. Blanket disqualification policies carry legal risk.

Step 5: Follow Adverse Action Procedures

If the employer decides not to hire based on the results, the FCRA's two-step adverse action process applies. The applicant receives a copy of the report and has time to dispute inaccurate information before a final decision.

Credit History Restrictions for Employers

Oregon restricts employer use of credit history more than many other states. Under ORS 659A.320, it is an unlawful employment practice for an employer to obtain or use information contained in the credit history of an applicant or employee for employment purposes.

This prohibition covers hiring, firing, demoting, suspending, and all other terms and conditions of employment. An employer cannot refuse to hire, discharge, or retaliate against someone based on credit history information.

Exceptions to the Credit History Restriction

The credit history restriction does not apply when:

• The employer is a federally insured bank or credit union
• State or federal law requires the use of credit history for that position
• The position involves public safety officer duties
• The credit information is substantially job-related and the employer discloses the reasons for its use in writing

The "substantially job-related" exception typically covers positions with significant financial responsibilities, such as those involving access to large amounts of cash, financial account information, or trade secrets with monetary value.

Filing a Complaint

Workers who believe an employer violated ORS 659A.320 can file a complaint under ORS 659A.820 or bring a civil action for damages under ORS 659A.885.

Housing and Tenant Screening

Oregon regulates how landlords use criminal history in tenant screening decisions. Senate Bill 291, which took effect on January 1, 2022, significantly changed the rules for residential tenant screening throughout the state.

Key Requirements Under SB 291

Landlords in Oregon are now required to:

• Conduct an individualized assessment before denying any applicant based on criminal history
• Consider the nature and severity of the offense and the applicant's age at the time
• Provide an opportunity for the applicant to submit supplemental evidence to explain or negate potentially disqualifying information
• Issue a written statement of one or more reasons for denial within 14 days

Blanket policies that automatically deny every applicant with a criminal conviction are not permitted. Landlords must assess each applicant on a case-by-case basis, denying only when the applicant demonstrates a risk to the safety of other residents or the property.

Limitations on What Landlords Can Consider

Under SB 291, landlords cannot consider:

• Arrest records that did not result in a conviction
• Convictions for charges that are currently legal in Oregon (including previous marijuana possession convictions)
• An applicant's status as a medical marijuana cardholder

Screening Fees

Under ORS 90.295, landlords can charge applicants a screening fee, but it cannot exceed the landlord's actual average screening cost or the customary amount charged by screening companies. A landlord may only require one screening fee from an applicant within any 60-day period, regardless of how many units the applicant applies for.

Before accepting the fee, the landlord must disclose the screening criteria, the process, the applicant's right to dispute accuracy, the rent amount, and any required deposits or insurance.

Professional Licensing Background Checks

Many professional licenses in Oregon require criminal background checks. These are handled through the Oregon State Police Criminal Justice Information Services (CJIS) division and often involve fingerprint-based checks.

How the Process Works

Licensing boards request that the Oregon Department of State Police conduct a state and nationwide criminal records check using fingerprint identification. Applicants submit fingerprints on the standard blue applicant fingerprint card (FD-258).

The check typically returns:

• Felony arrest and conviction records
• Sex and drug misdemeanor records
• Court dispositions and sentencing information
• Probation and parole information

Expunged, sealed, and juvenile records are generally excluded from the results.

Evaluation Standards

Licensing boards cannot deny an application based solely on a juvenile record that has been expunged or set aside under ORS 419A.260 to 419A.262. Each board maintains its own standards for evaluating criminal history, but the general principle requires a connection between the criminal conduct and the duties of the licensed profession.

Common Licensed Professions Requiring Background Checks

Professions requiring criminal background checks in Oregon include:

• Real estate agents and brokers (Oregon Real Estate Agency)
• Healthcare workers and caregivers (Oregon Department of Human Services)
• Pharmacy professionals (OAR 855-010-0100)
• Educators and school employees
• Law enforcement officers and security professionals

Oregon Expungement and Record Sealing

Oregon's expungement law, codified at ORS 137.225, allows individuals to petition the court to set aside certain criminal convictions and arrest records. Senate Bill 397, which took effect on January 1, 2022, significantly expanded eligibility and reduced waiting periods.

Eligibility and Waiting Periods After SB 397

Record Type	Waiting Period	Requirements
Acquittals and dismissals	Immediate	No waiting period required
Arrests with no charges filed	60 days	Reduced from one year by SB 397
Class C felony convictions	5 years	No convictions during waiting period
Non-person Class B felony convictions	7 years	No convictions during waiting period
Misdemeanor convictions	3 years	Full compliance with sentence required

To be eligible, the applicant must have fully complied with and performed the sentence of the court. A person cannot apply for expungement while still on probation, parole, or post-prison supervision.

What Cannot Be Expunged

Certain offenses are not eligible for expungement in Oregon, including:

• Most person-to-person Class B felonies
• Class A felonies
• Sex offenses requiring registration
• Certain traffic offenses including DUII (in most cases)

Effect of Expungement

Once a conviction is set aside, it is removed from the public record. In a 2025 Oregon Court of Appeals ruling (Mohiadeen v. Washington County Sheriff's Office, 338 Or App 29), the court confirmed that a successful set-aside under ORS 137.225 restores firearm rights.

Expunged records generally do not appear on background checks conducted by consumer reporting agencies. However, some government agencies with direct database access may still see sealed records for specific purposes authorized by law.

Oregon State Police Criminal Records Process

The Oregon State Police CJIS division maintains the state's computerized criminal history database and processes background check requests for employment, licensing, and other authorized purposes.

Types of Checks Available

• Name-based checks: Searched against the state criminal history database
• Fingerprint-based checks: Searched against both the Oregon State Police database and the FBI's national database for a more comprehensive result

Processing Time and Access

Processing generally takes 7 to 10 business days, not including mail time. The public can request their own records through the OSP Open Records portal.

Fingerprinting services are available at OSP General Headquarters (3565 Trelstad Avenue SE, Building 1, Salem, OR 97317) on a walk-in basis Monday through Friday from 8:00 AM to 4:30 PM.

Law Enforcement Data System (LEDS)

Oregon's Law Enforcement Data System (LEDS), established by the 1969 Oregon Legislature under ORS 181.710, serves as the state's police information network. LEDS connects law enforcement agencies across Oregon and provides access to state and national criminal justice databases.

Recent Changes to Oregon Background Check Laws

Several recent legislative and regulatory changes affect background checks in Oregon.

Senate Bill 397 (Effective January 1, 2022)

This legislation overhauled Oregon's expungement law, reducing waiting periods for most offenses and expanding the types of convictions eligible for set-aside. The bill made non-person Class B felonies eligible for expungement after seven years and reduced the waiting period for uncharged arrests from one year to 60 days.

Senate Bill 291 (Effective January 1, 2022)

SB 291 reformed tenant screening practices across Oregon, requiring landlords to conduct individualized assessments before denying applicants based on criminal history and prohibiting consideration of marijuana-related convictions for currently legal conduct.

Portland Ordinance 191973 (Effective January 1, 2025)

Portland amended its criminal history hiring ordinance to strengthen protections for job applicants, requiring a conditional job offer before any criminal history inquiry.

HB 2677A (2025)

This bill further amended the automatic expungement procedure for juvenile records in Oregon, streamlining the process for young people to clear eligible offenses from their records.

Mohiadeen v. Washington County Sheriff's Office (2025)

The Oregon Court of Appeals confirmed that a successful set-aside under ORS 137.225 restores firearm rights, resolving a question that had created uncertainty for individuals with expunged records.

Penalties and Enforcement

Violations of Oregon's background check and anti-discrimination laws carry real consequences for employers and landlords.

Employment Violations

The Oregon Bureau of Labor and Industries (BOLI) investigates complaints of discrimination related to criminal history and credit history in employment. BOLI has one year from receipt of a signed complaint to complete its investigation.

Corrective actions can include:

• Revision of company policies and practices
• Payment of back wages
• Civil penalties
• Signed compliance agreements

Workers can also file civil lawsuits under ORS 659A.885, which provides for compensatory damages, punitive damages, and attorney fees.

Housing Violations

Landlords who violate tenant screening requirements under ORS Chapter 90 may face claims for actual damages and may be required to offer the denied applicant a lease. The individualized assessment requirement under SB 291 is actively enforced.

FCRA Violations

Employers who fail to follow FCRA requirements face potential liability under federal law, including statutory damages of $100 to $1,000 per violation in cases of willful noncompliance, plus attorney fees and potential punitive damages.