Oregon Background Check Laws for Employers
Oregon is a Chapter 659A state: ban the box for every employer, a credit-check ban with narrow exceptions, a statewide salary-history ban and a social-media privacy law all sit in the same chapter and are enforced by the same agency, the Bureau of Labor and Industries. Portland adds a stricter fair-chance ordinance. This guide covers each rule, names the agency behind it, and explains the federal FCRA steps that apply on top.
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At a glanceFCRA stepsBan the boxPortlandCredit checksSalary historyRecords you may useLookbackDrugs, social media, E-VerifyIndustry rulesServicesChecklistFAQs
Oregon employment screening laws at a glance
Oregon has no consumer-reporting statute of its own, so the federal FCRA carries the process rules. ORS Chapter 659A, enforced by BOLI’s Civil Rights Division, decides what you may ask and use.
| Rule | What it requires | Administering agency |
|---|---|---|
| Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| ORS 659A.360 (ban the box, HB 3025) | No employer may exclude an applicant from an initial interview, or ask about convictions on the application, before the interview; if there is no interview, before a conditional offer. Exempt: law-required checks, law enforcement and criminal justice, non-employee volunteers. | Bureau of Labor and Industries, Civil Rights Division (complaint only; no private right) |
| Portland City Code ch. 23.10 (Ban the Box) | Employers with six or more employees may not consider criminal history until after a conditional offer, must make an individualized assessment, and may not consider arrests not leading to conviction or set-aside records. | Portland Office of Equity and Human Rights; BOLI (by agreement) |
| ORS 659A.320 (credit history) | Employers may not obtain or use credit history unless the employer is a federally insured bank or credit union, the information is required by state or federal law, the position is a public safety officer, or the information is substantially job-related and the reasons are disclosed in writing. | Bureau of Labor and Industries; private suits under ORS 659A.885 |
| ORS 659A.357 and 652.220 (salary history, Oregon Equal Pay Act) | Employers may not seek an applicant’s salary history from the applicant or a current or former employer (659A.357), and may not screen applicants on prior compensation or set pay from it (652.220). | Bureau of Labor and Industries; private suits since Jan. 1, 2024 |
| ORS 659A.330 (social media) | Employers may not require access to personal social-media accounts, require access in the employer’s presence, require an applicant to establish an account, compel adding the employer as a contact, or retaliate. | Bureau of Labor and Industries (complaint under ORS 659A.820) |
| ORS 137.225 (set-aside) | Set-aside convictions and arrests are sealed; the person may deny them, and employers may not use them. | Circuit courts; Oregon State Police, Criminal Justice Information Services |
| ORS 659A.030 (discrimination); Title VII | No discrimination on protected traits by any employer; the EEOC guidance on criminal records applies through Title VII. | Bureau of Labor and Industries; U.S. EEOC |
| ORS 181A.230 and OAR 257-010-0025 (Open Records) | Any requester may obtain a name-based Oregon conviction record from the State Police for $33; the subject receives notice and 14 days to challenge before release. | Oregon State Police, CJIS Division |
The FCRA process every Oregon employer must follow
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a Oregon employer. The state rules on this page sit on top of it, never in place of it.
Oregon adds no state notices to the federal sequence, but ORS 659A.320 adds a written-disclosure step before a credit report is ordered, and Portland’s ordinance adds an individualized-assessment step before an offer is withdrawn.
Disclose and authorize
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes, and get written authorization before you order. Keep the disclosure free of liability waivers and extra language.
Order the right scope
Match the search to the position. Order criminal, driving, credit, and verification searches only where the job supports them, and apply the same package to every candidate for the same position.
Pre-adverse action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights, then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse action notice
If you proceed, send the final notice naming the screening company, stating that it did not make the decision, and explaining the right to a free file copy within 60 days and the right to dispute.
Ban the box in Oregon: every employer, before the interview
The statute
ORS 659A.360, enacted by HB 3025 and effective January 1, 2016, makes it an unlawful practice for any employer to exclude an applicant from an initial interview solely because of a past criminal conviction. In practice that bars the question on the application and any pre-interview screen. If the employer does not conduct interviews, the question waits until a conditional offer.
What is allowed
Employers may ask about convictions during the interview and may consider them afterward. The statute does not require an individualized assessment, though Title VII and Portland’s ordinance do in their spheres. Employers may still advise applicants that a check will be run.
Exemptions
Positions where a federal, state or local law requires consideration of criminal history; law enforcement and criminal justice agencies; and non-employee volunteers.
Enforcement
Complaints go to the Bureau of Labor and Industries. The statute creates no private right of action, and BOLI may investigate and impose remedies through its administrative process.
Practical policy
Remove the box from every application form, including online forms and staffing-agency intake.
Script the interview question so every candidate for the same position is asked the same way.
Portland’s ordinance goes further
Portland City Code Chapter 23.10, effective July 1, 2016, applies to employers with six or more employees for positions performed a majority of the time within the city. It bars considering criminal history until after a conditional offer, then requires an individualized assessment of the nature and gravity of the offense, the time elapsed and the nature of the job before an offer is withdrawn, with written notice identifying the relevant convictions.
Records Portland takes off the table
Arrests that did not lead to conviction (unless the charge is unresolved or pending), convictions that have been judicially voided or expunged, and charges resolved through a diversion or deferral program for offenses not involving physical harm may not be considered at all.
Exemptions and enforcement
Law-required checks, law enforcement, and positions involving direct access to children, the elderly, people with disabilities, mental illness or substance-use disorders are exempt in part. BOLI enforces the ordinance under an intergovernmental agreement with the city.
Statewide policy
The Portland rule, a conditional offer before any inquiry plus an individualized assessment, works everywhere in Oregon. Adopt it statewide rather than tracking city limits.
Employment credit checks are restricted in Oregon
Since July 1, 2010, ORS 659A.320 has made it an unlawful practice for an employer to obtain or use an applicant’s or employee’s credit history for employment purposes, including hiring, discharge, promotion and compensation.
The exceptions
Credit history may be used by federally insured banks and credit unions; where the information is required by state or federal law; for public safety officer positions, including police officers and OLCC regulatory specialists; and where the credit history is substantially job-related and the employer discloses the reasons for using it to the applicant or employee in writing. There is no other exception.
Enforcement
BOLI investigates complaints, and an aggrieved applicant may file a civil action under ORS 659A.885 for back pay, damages and attorney fees.
The written disclosure
For a position that qualifies as substantially job-related, give the applicant a short written statement of the reasons before you order, and keep a copy. Without it, the exception does not apply.
The FCRA steps still apply to every credit report you do order.
Salary history: a statewide ban since 2017
ORS 659A.357, part of the Oregon Equal Pay Act of 2017 (HB 2005), took effect October 6, 2017 and applies to every employer in Oregon. Earlier versions of this page described it as a Portland rule; it is statewide.
What it bars
Under ORS 659A.357, employers may not seek an applicant’s salary history from the applicant or from a current or former employer; under ORS 652.220, they may not screen applicants based on current or past compensation or set pay from it. Employers may ask about salary expectations and may request written authorization to confirm prior pay after an offer that states the compensation.
Enforcement
BOLI enforces the section, and since January 1, 2024 an applicant may also bring a civil action for violations. Pay decisions must also satisfy the Equal Pay Act’s work-of-comparable-character rule in ORS 652.220.
Application forms
Delete the “current salary” and “salary history” fields from every form, interview script and reference-check template.
Which Oregon records you may and may not use
Circuit court records are public through the Oregon eCourt system, but set-aside, sealed and juvenile records are off limits, and Portland removes more.
Set-aside records
ORS 137.225, expanded by SB 397 (2021), lets a person move to set aside most convictions after waiting periods of seven years for Class B felonies, five for Class C felonies, three for Class A misdemeanors and one for lesser offenses, with no intervening convictions; dismissals and acquittals qualify at any time, and arrests with no charge 60 days after the prosecutor declines. Once set aside, the record is sealed, the person is deemed never convicted and may answer accordingly, and an employer may not use it.
Arrests without conviction
No statewide bar, but the federal FCRA limits reported non-convictions to seven years below $75,000, and Portland bars their use outright. An arrest alone does not prove conduct.
Diversion and conditional discharge
DUII diversion under ORS 813.200 and conditional discharges that end in dismissal are not convictions. They appear only while the case is open; read the outcome before acting.
Juvenile records
Juvenile court records are confidential under ORS 419A.255 and are not available for private employment screening.
Violations
Oregon violations, such as most traffic offenses and Class D marijuana violations, are not crimes. They appear on court records and may be reported, but weigh them accordingly.
State Police Open Records
ORS 181A.230 lets any requester obtain a name-based conviction record from the Oregon State Police for $33; the subject receives notice and has 14 days to challenge before release. It reflects fingerprint-supported records only; court-level searches catch the rest.
How far back an Oregon background check can go
Oregon has no reporting-limit statute. Earlier versions of this page described a state seven-year rule with a $75,000 exception; those figures come from the federal FCRA, which governs here.
Non-convictions
Under the federal FCRA, arrests and other adverse items that did not end in conviction may not be reported more than seven years after they occurred, for positions paying under $75,000. In Portland, covered employers may not use them at all.
Convictions
The FCRA places no age limit on reported convictions. Most employers adopt a seven- or ten-year policy window, which is easier to defend under the EEOC guidance and Portland’s individualized-assessment rule.
Higher-paid positions
For positions expected to pay $75,000 or more, the FCRA seven-year limit on non-convictions does not apply. Set-aside records may not be reported at any age.
Set the lookback in your written policy by position class, then order the same scope for every candidate in that class.
Drug testing, social media, E-Verify and AI
Drug testing and marijuana
No Oregon statute regulates private-employer drug testing, and Oregon gives no employment protection for marijuana use, medical or adult. In Emerald Steel Fabricators v. BOLI (2010) the Oregon Supreme Court held employers need not accommodate medical marijuana. Adopt a written policy, use a certified laboratory and a medical review officer, and follow 49 C.F.R. Part 40 for DOT roles.
Social media passwords
ORS 659A.330 bars employers from requiring access to a personal social-media account, requiring access in the employer’s presence, requiring an applicant to establish or maintain an account, compelling an applicant to add the employer as a contact, or retaliating against a refusal. Publicly available content may be viewed. Complaints go to BOLI under ORS 659A.820.
E-Verify
Oregon has no E-Verify mandate for private or public employers. Enrollment is voluntary at e-verify.gov; Form I-9 remains mandatory for every hire.
AI in hiring
No Oregon statute regulates automated hiring tools. Title VII and ORS 659A.030 disparate-impact rules apply to any screen, so test tools for adverse impact and keep a human decision-maker.
Reference checks
ORS 30.178 gives employers that disclose job-performance information in good faith immunity from civil liability, which makes Oregon employment verifications productive.
Pay transparency
Oregon does not yet require pay ranges in postings, but the Equal Pay Act’s comparable-character rule applies to every offer. Setting pay from a documented range is the safest practice.
Oregon industry-specific screening requirements
Healthcare and direct care
Providers licensed or paid by the Department of Human Services and the Oregon Health Authority must run their direct-care and support staff through the Background Check Unit under ORS 181A.195 to 181A.215 and OAR chapter 407, division 7, with a fitness determination that weighs listed crimes.
Child care
Child care providers, staff and household members must enroll in the Central Background Registry under ORS 329A.030, administered by the Department of Early Learning and Care, with fingerprint-based checks.
Public schools
Licensed educators and school employees submit fingerprints for State Police and FBI checks under ORS 326.603 and 342.223, administered by the Teacher Standards and Practices Commission and the Department of Education.
Private security
Security officers and private investigators are certified by the Department of Public Safety Standards and Training under ORS 181A.840 et seq. with fingerprint checks.
Cannabis industry
Marijuana worker permits from the Oregon Liquor and Cannabis Commission under ORS 475C.273 require a criminal history check.
Transportation and finance
CDL drivers follow FMCSA rules, including the Drug and Alcohol Clearinghouse and 49 C.F.R. Part 40. Banks follow FDIC Section 19; broker-dealers follow FINRA Rule 3110. Oregon DMV records are available through the driving-records service.
Screening services built for Oregon employers
BCS Background Screening LLC runs FCRA-compliant searches for Oregon employers of every size, with no setup fee and per-search pricing.
Oregon statewide criminal search
Real-time search of Oregon circuit court records across all 36 counties, $20 per name, every record reviewed for identity and disposition before release Order the Oregon statewide search.
County criminal court search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This is the search that confirms a database hit before it reaches a report. County court search details.
Nationwide criminal database
$17 locator search of thousands of court, corrections, and registry sources with three name variations searched at once. Every hit is verified at the source before it is reported. Nationwide database search.
Motor vehicle records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Motor vehicle records.
SSN trace and address history
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties. SSN trace.
Verifications
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
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Oregon employer compliance checklist
Twelve steps that keep an Oregon screening program inside the FCRA, Chapter 659A and Portland’s ordinance.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Remove conviction questions from every application and pre-interview screen; ask at the interview.
- In Portland, wait for a conditional offer, then document an individualized assessment before withdrawing it.
- Order credit reports only for positions that fit an ORS 659A.320 exception, with the written reasons given first.
- Delete salary-history questions from every form, script and reference template.
- Define the screening scope for each position class and apply it to every candidate in that class.
- Never use set-aside, sealed or juvenile records; in Portland, drop arrests and non-pending charges too.
- Keep non-convictions within seven years below $75,000; set a written policy window for convictions.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Do not ask for social-media access, contacts or account creation.
- Complete Form I-9 for every hire; E-Verify is optional in Oregon.
- Follow 49 C.F.R. Part 40 for DOT-regulated positions.
Oregon background check laws: employer FAQs
Each answer names the statute, what it requires, and the agency that administers it.
Does Oregon have a ban-the-box law?
Yes, for every employer. ORS 659A.360 (HB 3025), effective January 1, 2016, bars excluding an applicant from an initial interview because of a conviction, which removes the question from the application; if there is no interview, the question waits until a conditional offer. Law-required checks, law enforcement and criminal justice agencies, and non-employee volunteers are exempt. The Bureau of Labor and Industries enforces it through complaints. Portland City Code Chapter 23.10 goes further for employers with six or more employees, requiring a conditional offer and an individualized assessment.
Can Oregon employers ask about salary history?
No, anywhere in the state. ORS 659A.357, part of the Oregon Equal Pay Act, took effect October 6, 2017 and bars every employer from seeking salary history from the applicant or a current or former employer; ORS 652.220 separately bars screening on prior compensation or setting pay from it. It is a statewide rule, not a Portland ordinance. Employers may ask about salary expectations and may request written authorization to confirm prior pay after an offer. The Bureau of Labor and Industries enforces it, and since January 1, 2024 applicants may sue under ORS 659A.885.
Can Oregon employers run credit checks?
Only under an exception. ORS 659A.320 bars obtaining or using credit history for employment purposes unless the employer is a federally insured bank or credit union, the information is required by state or federal law, the position is a public safety officer, or the credit history is substantially job-related and the employer discloses its reasons to the applicant in writing. The Bureau of Labor and Industries enforces it, and applicants may sue under ORS 659A.885. The federal FCRA steps apply to every report you do order.
How many years back can an Oregon background check go?
Oregon has no lookback statute; the seven-year rule and $75,000 exception sometimes attributed to Oregon law come from the federal Fair Credit Reporting Act. Under the FCRA, consumer reporting agencies may not report non-convictions older than seven years for positions paying under $75,000, and convictions carry no age limit. Set-aside records under ORS 137.225 may not be reported at any age. The Consumer Financial Protection Bureau and Federal Trade Commission enforce the FCRA.
What is an Oregon set-aside and can employers see it?
ORS 137.225, expanded by SB 397 in 2021, lets a person move in circuit court to set aside most convictions after waiting periods of seven years for Class B felonies, five for Class C felonies, three for Class A misdemeanors and one for lesser offenses, with dismissals and acquittals eligible at any time and uncharged arrests 60 days after the prosecutor declines. Once set aside, the record is sealed, the person is deemed never convicted and may answer accordingly, and employers may not use it. The Oregon State Police Criminal Justice Information Services Division removes sealed records from the repository.
Can an Oregon employer refuse to hire someone who uses marijuana?
Yes. Oregon provides no employment protection for marijuana use, medical or adult. In Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries (2010) the Oregon Supreme Court held that employers need not accommodate medical marijuana use because it remains illegal under federal law. Employers may test under a written policy, and DOT-regulated positions follow 49 C.F.R. Part 40.
Can Oregon employers ask for social media passwords?
No. ORS 659A.330 bars employers from requiring access to a personal social-media account, requiring access in the employer’s presence, requiring an applicant or employee to establish or maintain an account, compelling the addition of the employer as a contact, or retaliating against a refusal, while allowing review of publicly available content. Complaints go to the Bureau of Labor and Industries under ORS 659A.820.
Is E-Verify mandatory in Oregon?
No. Oregon has no E-Verify mandate for private or public employers. Enrollment is voluntary through U.S. Citizenship and Immigration Services, and every employer must still complete Form I-9 within three business days of the start date.
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This page is general information for employers, not legal advice. BCS Background Screening LLC is a consumer reporting agency, not a law firm. Oregon statutes, local ordinances, and agency guidance change; confirm current requirements with employment counsel before adopting or changing a screening policy. Rules described as current were reviewed in September 2026.