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Oregon Background Check Laws: What Employers Need to Know
Oregon has detailed rules on both the employment and tenant screening sides, including one of the more narrowly defined credit report standards in the country. Relevant across the state's tech, forestry, and food and beverage industries, here's what applies whether you're hiring in Portland, Eugene, or Salem.
Ban-the-Box
Employers can't ask about criminal convictions at any point before an interview. If there's no interview, the inquiry has to wait until a conditional offer of employment is made.
Portland
Portland has its own ordinance permitting consideration of a criminal record only after a conditional job offer, which is later in the process than the statewide interview standard. Portland employers can't inquire about or access criminal record information before that point.
Credit Reports
Employers can only request a credit report after an offer of employment has been made, and only when the information directly relates to a bona fide occupational qualification. Oregon's Labor Department has narrowed the "substantially job related" standard to roles where access to detailed financial information is an essential function, beyond routine retail transaction handling, or where a credit report is necessary to obtain a surety or fidelity bond.
Salary History
Employers can't obtain a candidate's salary history from the applicant or through any other route, including CRA employment verification. Past salary can be confirmed after a job offer including proposed compensation has been extended.
Notice Requirements
Employers must inform the candidate that criminal records are being accessed, and must let the screening company know the candidate has been advised.
Social Media Password Protections
Employers can't require or request access to a personal social media account, can't require a candidate to add the employer to a contact list, and can't require an employee to maintain a social media account or allow the employer to advertise on a personal account.
Tenant Screening: What Landlords Can Consider
Oregon limits what landlords may weigh. For eviction history, prior actions where a general judgment was entered or dismissed within the last 5 years may be considered; beyond 5 years, only a general judgment entered against the applicant counts, meaning settlements, dismissals with an agreement to vacate, or back-rent arrangements can't be used. Only convictions may be considered, and only for specific categories: drug-related offenses excluding simple possession, crimes against a person, sex offenses, financial fraud, identity theft, forgery, and crimes against landlords such as property destruction.
Tenant Screening: Charging for Reports
Landlords may charge an applicant their average screening cost, capped at what a CRA would charge for a comparable report. Charges aren't allowed if no units are reasonably available or the unit was already filled before screening. Since 2020, a landlord may only charge for one report within a 60-day window across all units they own or manage. Charging also requires a special notice covering the screening cost, criteria used, the applicant's right to dispute information, unit availability, and any required deposit.
Pass-Through Fees for Oregon Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (Oregon State Police Identification Services Section) | $33.00 per Oregon Criminal History report request |
| Motor vehicle record | $13.99 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Oregon Employers
Does Oregon have a Ban-the-Box law?
Yes. Criminal convictions can't come up before an interview, or before a conditional offer if there's no interview. Portland requires waiting until after a conditional offer.
When can I use a credit report in Oregon?
Only after an offer of employment, and only for roles where detailed financial access is an essential function or a surety bond requires it. Oregon's standard is narrower than most states.
Can I ask an Oregon candidate about their salary history?
No, not before an offer. Once an offer including proposed compensation is extended, past salary can be confirmed.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
