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Oregon background check laws for employers
Oregon bans conviction questions on job applications and before the first interview for nearly all employers, but the state law does not require an individualized assessment or extra notices. Oregon strictly limits employer use of credit history. Portland adds a tougher local rule: no criminal check until after a conditional offer, plus an individualized assessment.
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Fair-chance hiring (criminal history)
- Employers may not require an applicant to disclose a criminal conviction on a job application or before an initial interview (ORS 659A.360(1)-(2)).
- If there is no interview, employers may not require disclosure of a conviction until after a conditional job offer (ORS 659A.360(2)(c)).
- After that point, employers may consider conviction history when making a hiring decision (ORS 659A.360(3)).
- The law covers any employer with one or more employees in Oregon (ORS 659A.001(4)(a)).
- State law does not require an individualized assessment or a special notice and waiting period beyond federal FCRA steps (ORS 659A.360).
- The rule does not apply when a federal, state, or local law requires considering criminal history, to law enforcement or criminal justice employers, or to nonemployee volunteers (ORS 659A.360(4)).
- The Bureau of Labor and Industries enforces the law (ORS 659A.362).
City and county rules
- Portland: employers with 6 or more employees may look at criminal history only after a conditional job offer for jobs done mostly in Portland (Portland City Code §§ 23.10.020, 23.10.030(B)).
- Portland employers may rescind an offer only if the offense is job related and consistent with business necessity after an individualized assessment of the offense, the time since it, and the job, and must tell the applicant in writing which convictions were the basis (Portland City Code § 23.10.030(C)-(F)).
- Portland employers may never consider arrests without conviction (unless charges are pending), voided or expunged convictions, or certain completed diversion cases (Portland City Code § 23.10.030(E)).
- Jobs working with children, the elderly, people with disabilities or mental illness, or people with substance use disorders may be screened earlier using the city's Criminal History Matrix (Portland City Code § 23.10.040(B)).
State consumer report rules
- No Oregon consumer reporting statute was found that adds employment disclosure, consent, or copy rules beyond the federal FCRA; the state's main extra limit is on credit history (ORS 659A.320).
How far back a report can go
- No Oregon statute was found setting a 7-year limit on reporting convictions on employment background reports beyond the federal FCRA (ORS ch. 659A).
- Once a court sets aside a conviction or arrest record, it is treated as never having happened, and the person may answer questions about it that way (ORS 137.225(3)-(4)).
- Employers may not refuse to hire or discriminate against a person because of a juvenile record that has been expunged (ORS 659A.030(1)(a)).
Credit checks
- Employers may not obtain or use credit history for hiring or other job decisions unless the employer is a federally insured bank or credit union, the law requires it, the job is a covered public safety officer job, or the credit information is substantially job related and the reasons are given to the applicant in writing (ORS 659A.320(1)-(2)).
Also good to know
- Oregon requires criminal records checks for residential facility and adult foster home staff and home care workers, and home health and in-home care agencies must run a criminal background check before hiring anyone with direct patient or client contact (ORS 443.004(1)-(2)).
Common questions
Can Oregon employers run a background check?
Oregon bans conviction questions on job applications and before the first interview for nearly all employers, but the state law does not require an individualized assessment or extra notices. Oregon strictly limits employer use of credit history. Portland adds a tougher local rule: no criminal check until after a conditional offer, plus an individualized assessment.
Does Oregon have a ban-the-box law for private employers?
Employers may not require an applicant to disclose a criminal conviction on a job application or before an initial interview (ORS 659A.360(1)-(2)).
How far back does a background check go in Oregon?
No Oregon statute was found setting a 7-year limit on reporting convictions on employment background reports beyond the federal FCRA (ORS ch. 659A).
Can Oregon employers run credit checks on applicants?
Employers may not obtain or use credit history for hiring or other job decisions unless the employer is a federally insured bank or credit union, the law requires it, the job is a covered public safety officer job, or the credit information is substantially job related and the reasons are given to the applicant in writing (ORS 659A.320(1)-(2)).
Sources
- ORS chapter 659A, incl. 659A.001, .030, .320, .360, .362 (official, 2025 edition)
- Oregon 2026 Amended & Repealed sections table (official; 659A.320/.360 not amended)
- ORS chapter 137, incl. 137.225 (official)
- ORS chapter 443, incl. 443.004 (official)
- Portland City Code ch. 23.10 Removing Barriers to Employment (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.