Criminal Background Checks

Navigating Criminal Background Checks in Oregon: A Guide for Employers

In today’s competitive job market, employers often conduct criminal background checks on potential employees to assess their suitability and mitigate potential risks. In Oregon, like in many states, these checks are subject to specific laws and regulations. This guide will provide an in-depth look at how employers in Oregon can navigate the process of conducting criminal background checks legally and responsibly.   

Criminal Background Checks for Employment in Oregon

Employers in Oregon often conduct criminal background checks as part of the hiring process. These checks help assess a candidate’s suitability for a position, especially in industries where safety and trust are critical. Employers must follow both federal and state laws when performing background checks.

How Do Employers Run Criminal Background Checks in Oregon?

Employers in Oregon use several methods to conduct background checks. One common way is through the Oregon State Police (OSP) Criminal Justice Information Services (CJIS), which provides access to statewide criminal history records. In some cases, particularly for positions in education, healthcare, and law enforcement, employers may request a Federal Bureau of Investigation (FBI) background check, which includes a fingerprint-based national record search.

Many employers also rely on Consumer Reporting Agencies (CRAs)—private companies that compile background reports from various sources, including court records and law enforcement databases. Additionally, employers may check public records through the Oregon Judicial Case Information Network (OJCIN) to verify an applicant’s criminal history at the county or state level.

Can an Employer Run a Criminal Background Check Without My Permission in Oregon?

No, an employer cannot conduct a criminal background check without your permission in Oregon. Under the Fair Credit Reporting Act (FCRA), employers must obtain written consent from applicants before accessing a background report. They must also disclose that a background check will be conducted. If an employer decides not to hire an applicant based on the report, they must provide a copy of the report and explain the decision.

Oregon state laws also reinforce these protections. If an employer takes adverse action, such as rejecting a candidate due to their background check results, they must notify the applicant and give them a chance to review or dispute any inaccuracies in the report.

Understanding the Legal Landscape:

1. Oregon’s “Ban the Box” Law:

Oregon has a “Ban the Box” law, which significantly impacts how employers can inquire about an applicant’s criminal background checks history. This legislation aims to reduce barriers to employment for individuals with criminal records. Key aspects of the “Ban the Box” law include:   

• Delayed Inquiry: Employers are generally prohibited from asking about an applicant’s criminal background checks history on the initial job application. This allows applicants to demonstrate their qualifications and skills before their criminal record is considered.   
  
• Focus on Job-Relatedness: The law emphasizes that any criminal history inquiries must be job-related and consistent with business necessity.   
  

2. Fair Credit Reporting Act (FCRA):

The FCRA is a federal law that governs the use of consumer reports, including background checks. Key provisions include:   

• Written Consent: Employers must obtain written consent from the applicant before conducting any criminal background check.
• Disclosure and Accuracy: Employers must provide applicants with a copy of the criminal background check report and allow them to dispute any inaccuracies.
• Adverse Action: If an employer decides not to hire an applicant based on the criminal background check, they must follow specific adverse action procedures. This typically involves providing the applicant with a copy of the report, an explanation of the adverse action, and information about their right to dispute the report.   
  

3. Oregon Law Enforcement Data System (LEDS):

The LEDS is a primary source for criminal record information within Oregon. Employers may access criminal records through this system, though access is subject to specific rules and regulations.   

The Background Check Process in Oregon:

• Job Application and Initial Screening:
  • Applicants submit job applications without being asked about criminal history.
  • Employers conduct initial screening based on qualifications and experience.

• Consent and Authorization:
  • If the applicant is considered a strong candidate, the employer requests written consent to conduct a background check.  The applicant must sign a consent form authorizing the background check.   
    
• Selecting a Background Check Provider:
  • Employers can choose to conduct background checks in-house or use a Consumer Reporting Agency (CRA). CRAs are specialized companies that conduct background checks and are well-versed in relevant regulations.   
    
• Data Collection:
  • The background check provider collects information from various sources, including:
    
    • LEDS
    • Court records
    • Employment verification databases
    • Education verification databases
    • Driving record databases (if applicable)

• Report Generation:
  • The background check provider analyzes the collected information and generates a comprehensive report.

• Employer Review:
  • The employer carefully reviews the background check report, considering the nature of the job and the relevance of any criminal history.   
    
• Decision Making:
  • Based on the background check and other factors, the employer makes a hiring decision.

• Adverse Action (If Applicable):
  • If the employer decides not to hire the applicant based on the background check, they must follow the adverse action procedures outlined in the FCRA. This typically involves:
    
    • Providing the applicant with a copy of the background check report.
    • Providing an explanation of the adverse action decision.
    • Informing the applicant of their right to dispute the report.

Important Considerations for Employers:

• Job-Relatedness: Background checks must be job-related and consistent with business necessity. For example, a conviction for a misdemeanor traffic violation would likely not be relevant for a position as a software engineer.   
  
• Record Accuracy: Employers have a responsibility to ensure the accuracy of background check information.
• Data Security: Employers must protect the confidentiality of applicant information and comply with data security regulations.   
  
• Record Expungement: Employers should be aware of laws related to record expungement and sealing in Oregon.
• Legal Counsel: Employers should consult with legal counsel to ensure compliance with all applicable laws and regulations regarding background checks in Oregon.

Conclusion:

Conducting background checks in Oregon requires careful consideration of legal and ethical implications. By understanding and adhering to relevant laws and regulations, employers can ensure a fair and compliant hiring process while mitigating potential risks.