Oregon Background Check Laws for Employers (2026)
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 the Bureau of Labor and Industries enforces each one. 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. It also lists what an Oregon job application may ask and what changed in 2026.
Oregon Background Check 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.
The table lists each rule, what it does, and the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | 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. Oregon adds no state consumer-reporting statute. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| State criminal records | ORS 181A.230 and OAR 257-010-0025 (Open Records); circuit court 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. Circuit court records are public through Oregon eCourt. | Oregon State Police, CJIS Division; circuit court clerks |
| Fair chance / ban the box | ORS 659A.360 (HB 3025, Jan. 1, 2016); Portland City Code ch. 23.10 (July 1, 2016) | No employer may ask about convictions on the application or before the initial interview; if there is no interview, before a conditional offer. Portland employers with six or more employees wait for a conditional offer and run an individualized assessment. | Bureau of Labor and Industries, Civil Rights Division (complaint only; no private right); Portland Office of Equity and Human Rights |
| Sealed and expunged records | ORS 137.225 (set-aside) | Set-aside convictions and arrests are sealed; the person may deny them, and employers may not use them. Oregon has no automatic sealing; the person moves in circuit court. | Circuit courts; Oregon State Police, Criminal Justice Information Services |
| Lookback | No Oregon statute; FCRA § 1681c | Non-convictions drop off after seven years for positions paying under $75,000. Convictions have no federal age limit. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Credit reports | ORS 659A.320 (July 1, 2010) | Employers may not obtain or use credit history unless the employer is a federally insured bank or credit union, the information is required by 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 |
| Salary history | ORS 659A.357 and 652.220 (Oregon Equal Pay Act, Oct. 6, 2017) | Employers may not seek an applicant’s salary history from the applicant or a current or former employer, and may not screen applicants on prior compensation or set pay from it. | Bureau of Labor and Industries; private suits since Jan. 1, 2024 |
| Drug and marijuana testing | ORS 475C; Emerald Steel Fabricators v. BOLI (Or. 2010) | No statute regulates private-employer testing. Employers may test and refuse to hire for marijuana use, including medical use; Oregon gives no employment protection. | No state agency; U.S. DOT for 49 C.F.R. Part 40 positions |
| Application questions | ORS 659A.030(1)(d); Title VII, ADEA, ADA, INA (federal) | No employer may use an application form or make a pre-employment inquiry that expresses a limitation as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age, unless based on a bona fide occupational qualification. | Bureau of Labor and Industries; U.S. EEOC |
| E-Verify | No Oregon mandate; 8 C.F.R. § 274a.2 (Form I-9) | E-Verify is voluntary for private and public employers. Form I-9 remains mandatory for every hire. | U.S. Citizenship and Immigration Services |
| Social media | ORS 659A.330 | 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) |
| Discrimination | ORS 659A.030; Title VII | No discrimination on protected traits by any employer. Title VII’s disparate-impact rule reaches criminal-history screens that fall harder on a protected group. | Bureau of Labor and Industries; U.S. EEOC |
| Healthcare and direct care | ORS 181A.195 to 181A.215; OAR ch. 407, div. 7 | Providers licensed or paid by DHS and OHA run direct-care staff through the Background Check Unit with a fitness determination. | Oregon Department of Human Services; Oregon Health Authority |
| Child care | ORS 329A.030 | Providers, staff and household members enroll in the Central Background Registry with fingerprint-based checks. | Department of Early Learning and Care |
| Reference checks | ORS 30.178 | Employers that disclose job-performance information in good faith are immune from civil liability. | Circuit courts |
How the FCRA Applies to Oregon Employers
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for an 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. However, 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.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the disclosure free of liability waivers and extra language.
Written Authorization
Get written authorization before you order; electronic signatures are acceptable. Then match the search to the position and apply the same package to every candidate for the same job.
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 and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.
Where Oregon Criminal Records Come From
Oregon criminal cases are filed in the circuit courts of its 36 counties. Those records are public through the Oregon eCourt system, and a court-level search reads the charge, the disposition and the sentence directly from the docket.
State Police Open Records
ORS 181A.230 and OAR 257-010-0025 let 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 the record before release.
The State Police record reflects fingerprint-supported records only. Court-level searches catch the rest, so most employers rely on the courts.
The BCS Oregon statewide search
BCS Background Screening LLC runs a real-time search of Oregon circuit court records across all 36 counties for $20 per name. Every record is reviewed for identity and disposition before release. Order the Oregon statewide search.
Violations are not crimes
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.
How Far Back an Oregon Background Check Can Go
Oregon has no reporting-limit statute. The seven-year rule and $75,000 exception sometimes attributed to Oregon law come from the federal FCRA, which governs here.
Non-convictions (federal)
Under the FCRA, arrests and other adverse items that did not end in conviction may not be reported more than seven years after they occurred. In Portland, covered employers may not use them at all.
Convictions (federal)
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 Title VII and Portland’s individualized-assessment rule.
Salary exemption (federal)
For positions expected to pay $75,000 or more, the FCRA seven-year limit on non-convictions does not apply. Oregon sets no salary threshold of its own.
Set-aside records
Records set aside under ORS 137.225 are sealed and may not be reported or used at any age. Juvenile records are confidential as well.
Set the lookback in your written policy by position class, then order the same scope for every candidate in that class.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Which Oregon Records You May and May Not Use
Circuit court records are public, but set-aside, sealed and juvenile records are off limits, and Portland removes more.
Sealed, expunged and set-aside records
ORS 137.225, expanded by SB 397 (2021), lets a person move in circuit court to set aside most convictions after a waiting period with no intervening convictions. Dismissals and acquittals qualify at any time, and arrests with no charge qualify 60 days after the prosecutor declines.
Once set aside, the record is sealed. The person is deemed never convicted, may answer accordingly, and an employer may not use the record.
Oregon has no automatic clean-slate sealing. Relief comes only by motion, so a record stays public until the court grants the order.
| Offense class | Waiting period under ORS 137.225 |
|---|---|
| Class B felony | 7 years |
| Class C felony | 5 years |
| Class A misdemeanor | 3 years |
| Lesser offenses | 1 year |
| Dismissals and acquittals | Any time |
| Arrest with no charge | 60 days after the prosecutor declines |
Arrests and non-convictions
Oregon has no statewide bar on considering pending charges. The federal FCRA limits reported non-convictions to seven years for positions paying under $75,000, and Portland bars their use outright.
An arrest alone does not prove conduct. Consider the underlying conduct only if it is job-related and you have looked at the facts.
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, so read the outcome before acting.
Juvenile records
Juvenile court records are confidential under ORS 419A.255 and are generally not available for private employment screening. Portland bars their use for covered employers.
Set-aside records may not be reported at any age. If a candidate discloses a conviction that a court has since set aside, treat it as if it never happened.
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. The statute applies to every Oregon employer, with no employee-count threshold.
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.
City of Portland: Removing Barriers to Employment
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 asking about or running a criminal check until after a conditional offer.
Before an offer is withdrawn, the employer must run an individualized assessment of the nature and gravity of the offense, the time elapsed and the nature of the job. Written notice must identify the disqualifying conviction.
Portland takes certain records off the table entirely: arrests that did not lead to conviction (unless the charge is unresolved or pending), convictions that have been judicially voided or expunged, juvenile records, and charges resolved through a diversion or deferral program for offenses not involving physical harm.
Law-required checks, law enforcement, criminal justice, and positions with direct access to children, the elderly or vulnerable persons are exempt in part. BOLI enforces the ordinance under an intergovernmental agreement with the city.
What an Oregon Job Application May Ask
ORS 659A.030(1)(d) makes it unlawful for any Oregon employer, regardless of size, to use any application form or make any pre-employment inquiry that expresses a limitation, specification or discrimination as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age (18 or older). The only exception is a bona fide occupational qualification.
ORS 659A.360 and 659A.357 separately keep conviction and salary-history questions off the form. The four cards below cover the federal rules that apply alongside Chapter 659A, and what to ask instead.
Sex, marital status, religion and photographs
Title VII permits a question about sex only where sex is a bona fide occupational qualification (42 U.S.C. § 2000e-2(e)), which almost no position meets. The EEOC treats questions about sex, race, national origin, age and religion as evidence of intent to discriminate.
Questions about a spouse, children, childcare, pregnancy, church membership or religious holidays raise the same claim under Title VII and the Pregnancy Discrimination Act. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant is available for the schedule, travel and overtime the job requires, asked of every applicant the same way. Request a photograph only after the offer, for an ID badge.
Date of birth and age
The ADEA protects applicants 40 and older at employers with 20 or more employees (29 U.S.C. §§ 623, 631). Under 29 C.F.R. § 1625.5, asking for a date of birth on the application is not itself a violation, but it is closely scrutinized because it deters older applicants.
Your screening company needs the date of birth to match criminal and other records. Collect it on the FCRA authorization form or a separate identification form completed after the conditional offer, never on the application.
Ask instead: “Are you at least 18 [or 21] years old?” where the job has a legal minimum age, such as alcohol service or commercial driving.
Disability, health and workers’ compensation
The ADA prohibits disability-related inquiries and medical examinations before a conditional offer at employers with 15 or more employees (42 U.S.C. § 12112(d)(2)). Questions about health, medical history, prescription drugs, prior workers’ compensation claims or sick-leave use are all disability-related inquiries.
GINA separately bars requesting genetic information, including family medical history (42 U.S.C. § 2000ff-1(b)). Medical inquiries are permitted after the conditional offer only if required of every entering employee in the job category and kept in a separate confidential file.
Ask instead: describe the essential functions and ask whether the applicant can perform them with or without reasonable accommodation.
Citizenship, national origin and military discharge
The Immigration and Nationality Act bars citizenship-status discrimination at employers with four or more employees (8 U.S.C. § 1324b). The Department of Justice treats pre-hire questions about citizenship, birthplace, immigration status or a “green card” as evidence of discrimination.
USERRA bars discrimination because of uniformed service (38 U.S.C. § 4311). Do not ask the type of military discharge on an application; ask about it only after the conditional offer where a law, license or contract requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you now or in the future require sponsorship for an employment visa?” Form I-9 and E-Verify begin only after the offer is accepted.
Collect race, ethnicity, sex and any veteran or disability status on a separate, voluntary self-identification form that states its purpose, offers a decline-to-answer option, and is kept where decision-makers cannot see it. Private employers with 100 or more employees file the EEO-1 report each year (29 C.F.R. § 1602.7).
Credit Reports, Salary History, Drug Testing and More
Oregon regulates credit checks, salary history and social media through Chapter 659A. Drug testing, E-Verify and AI hiring tools follow federal rules only.
Employment credit reports
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. That covers hiring, discharge, promotion and compensation.
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 in writing. There is no other exception.
For a substantially job-related position, give the applicant a short written statement of the reasons before you order, and keep a copy. Without it, the exception does not apply.
BOLI investigates complaints, and an aggrieved applicant may file a civil action under ORS 659A.885 for back pay, damages and attorney fees. The FCRA steps still apply to every credit report you do order.
Salary history and pay transparency
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. It is a statewide rule, not a Portland ordinance.
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. BOLI enforces the section, and since January 1, 2024 an applicant may also bring a civil action.
Oregon does not yet require pay ranges in postings, but the Equal Pay Act’s work-of-comparable-character rule in ORS 652.220 applies to every offer. Setting pay from a documented range is the safest practice.
Drug and marijuana testing
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 that employers need not accommodate medical marijuana.
Employers may test before employment and may refuse to hire for a positive marijuana result. Adopt a written policy, use a certified laboratory and a medical review officer, and follow 49 C.F.R. Part 40 for DOT roles.
DEA’s April 28, 2026 rule moved medical marijuana to Schedule III, but the DOT panel still tests for marijuana. See What Changed below.
Motor vehicle records
Oregon DMV records are available for any position that drives on company business, with CDL and DOT-regulated roles supported. The Driver’s Privacy Protection Act permits employment use with written consent. Order motor vehicle records.
Motor carriers must obtain each driver’s MVR from every licensing state for the prior three years within 30 days of hire and query the FMCSA Drug and Alcohol Clearinghouse before the driver performs safety-sensitive work (49 C.F.R. §§ 391.23, 382.701).
E-Verify and Form I-9
Oregon has no E-Verify mandate for private or public employers. Enrollment is voluntary at e-verify.gov, except for federal contractors whose contracts carry the FAR E-Verify clause (48 C.F.R. 52.222-54).
Form I-9 remains mandatory for every hire: Section 1 by the first day of work and Section 2 within three business days (8 C.F.R. § 274a.2).
Social media and 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.
Automated and AI hiring tools
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.
Oregon Industry-Specific Screening Requirements
Several Oregon industries carry their own fingerprint or registry checks that sit outside ORS 659A.360’s timing rule. Law-required checks are exempt from ban the box.
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. The fitness determination weighs listed crimes.
Roles paid with federal healthcare funds must also be screened against the HHS-OIG exclusion list and SAM.gov before hire and monthly after.
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. The Teacher Standards and Practices Commission and the Department of Education administer the checks.
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 and the Fair Hiring in Banking Act; broker-dealers follow FINRA Rule 3110.
What Changed for Oregon Employers in 2026
The Oregon rules on this page carry effective dates from 2010, 2016 and 2017. The changes in 2026 came from the federal layer: the EEOC rescinded its arrest and conviction guidance, DEA rescheduled medical marijuana, and OFCCP rescinded the EO 11246 rules.
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted October 28, 2026 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements the 2012 guidance had replaced.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law, including ORS 659A.030.
What to do: keep the individualized assessment and the written job-related criteria; they come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws such as Portland’s ordinance, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III (91 FR, Doc. 2026-08176). All other marijuana remains Schedule I.
DOT testing is unchanged: 49 C.F.R. Part 40 still tests for marijuana. DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a “legitimate medical explanation” for a positive result (49 C.F.R. § 40.137).
What to do: keep your DOT panel and Clearinghouse queries as they are, and remember that Oregon gives marijuana users, medical or adult, no employment protection.
Source: DEA final rule, Apr. 28, 2026; 49 C.F.R. Part 40. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 (Jan. 21, 2025), and OFCCP rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026. The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29.
Race- and sex-based affirmative-action plan and related recordkeeping duties under EO 11246 no longer apply. Title VII, Section 503 of the Rehabilitation Act and VEVRAA nondiscrimination, affirmative-action and recordkeeping obligations for covered contractors remain.
What to do: keep Section 503 and VEVRAA plans current, follow the EEOC’s EEO-1 instruction booklet for reporting, and keep the Fair Chance to Compete for Jobs Act timing rule on covered federal contracts.
Source: Executive Order 14173; OFCCP final rule, Aug. 21, 2026 (41 C.F.R. parts 60-1 to 60-50). Read OFCCP’s notice
Oregon Employment Screening Services
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 is reviewed for identity and disposition before release.
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.
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.
Motor vehicle records
Oregon DMV driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
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.
Verifications and add-ons
Employment, education, professional license and reference verifications, plus employment credit reports for positions that fit an ORS 659A.320 exception, all ordered from the same account.
Oregon Employer Compliance Checklist
Ten 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.
- Strip sex, religion, marital-status, age and national-origin questions from the application under ORS 659A.030(1)(d); ask only about availability and work authorization.
- Collect the date of birth on the FCRA authorization or an identification form after the conditional offer, never on the application.
- 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.
- Never use set-aside, sealed or juvenile records; in Portland, drop arrests and non-pending charges too.
- 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 and follow 49 C.F.R. Part 40 for DOT roles.
Oregon Employment Screening Law FAQs
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.
What may an Oregon employer ask on a job application?
ORS 659A.030(1)(d) bars any employer from using an application form or making a pre-employment inquiry that expresses a limitation as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age, unless a bona fide occupational qualification applies. ORS 659A.360 keeps conviction questions off the form, and ORS 659A.357 keeps salary history off it.
Federal law adds the ADA bar on pre-offer medical questions and the INA bar on citizenship questions. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application. The Bureau of Labor and Industries and the EEOC enforce these rules.
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. Dismissals and acquittals are 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, administered by the U.S. Department of Transportation. DEA’s April 28, 2026 move of medical marijuana to Schedule III did not change the DOT panel.
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.
Employers may review publicly available content. Complaints go to the Bureau of Labor and Industries under ORS 659A.820.
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This page provides general information about Oregon background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.