Oregon Background Checks: A Complete Guide for 2025

Does your Oregon-based company have openings you need to fill?

Reviewing resumes and conducting interviews helps, but these steps are not always enough.

This is why it is essential to conduct pre-employment background checks during the hiring process.

In this guide, you’ll learn about state laws, guidelines for employers, and how to get accurate information on your potential employees.

What is a Typical Employment Background Check in Oregon?

While an individual’s criminal history is often what employers are most interested in, depending on how in-depth you want the search to go, background checks typically show the following:

1. Employment history

Employment verifications show all of the employers for which your candidates have worked. You will see their job titles and their employment dates at each company. Employment verifications allow you to ensure you hire trustworthy employees who have the qualifications and experience they need for their jobs.

2. Education history

When you ask iprospectcheck for education verifications, your pre-employment background screens will report every educational institution your applicants attended, when they attended, and any diplomas or degrees awarded.

This type of information can help to ensure you hire qualified candidates and prevent potential negligent hiring liability claims.

3. Criminal history

For applicants with criminal records, you will see the following types of information on your pre-employment background checks:

• Type of offense
• Date of offense
• File date
• Offense level – misdemeanor or felony
• Disposition of the offense
• Disposition date
• Sentence information

4. Identity verification

Identity verification helps you to ensure you receive information for the right candidate. You will see whether a Social Security number is valid and whether the applicant’s provided information and birthdate match the provided SSN.

You will also see addresses associated with the Social Security number and other names that have been used such as maiden names.

5. National sex offender registry

A national sex offender registry search will reveal information if a candidate is registered as a sex offender in any state. If a candidate appears on the registry, you will see the offense of conviction and other relevant details, allowing you to make fully-informed hiring decisions.

Knowing this information will help you verify that the person you intend to hire is who they say they are and that they have the experience needed to perform the duties of the job well.

If you decide to take this step and run a background check on a potential employee, you’ll want to ensure you follow Oregon’s state and local laws regarding background checks.

An Overview of Oregon’s Employment Background Check Laws

Federal Laws

Fair Credit Reporting Act

The leading federal consumer privacy law, the Fair Credit Reporting Act (FCRA) protects consumers’ privacy for the information consumer reporting agencies (CRAs) gather, retain, and disseminate.

Employment background check providers are classified as CRAs and are covered by this law.

The FCRA also applies to employers that partner with background check providers to conduct pre-employment investigations.

The FCRA restricts CRAs from reporting certain information for jobs with annual salaries less than $75,000 when it is older than seven years, including:

• Arrests that didn’t lead to convictions

• Debt collection accounts

• Bankruptcies (Chapter 13 – seven years; Chapter 7 – 10 years)

• Civil lawsuits

• Civil judgments

The FCRA doesn’t restrict reporting convictions, employment history, education, professional license status, and other crucial background information.

Jobs with annual salaries above $75,000 do not carry seven-year restrictions on the reporting of the above-listed information, but state laws may apply.

Employers must adhere to the FCRA’s notice and consent rules before they conduct background checks.

They must notify candidates on a standalone form and obtain their signed consent.

When Oregon employers receive background check reports that include adverse information about a candidate, they must go through the adverse action process before making a final decision not to hire based on that information.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act (FCA) was enacted in Dec. 2019 and applies to federal agencies and companies that seek federal contracts.

Federal agencies can’t contract with companies that violate the FCA’s requirements.

The FCA is a federal fair chance hiring law that prohibits federal agencies and federal contractors from asking about criminal history information or conducting criminal background checks before they make conditional employment offers.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is the preeminent anti-discrimination law. It prohibits discrimination in the workplace based on an applicant’s or employee’s protected characteristics during all aspects of the employment relationship, including hiring.

This law is enforced by the Equal Employment Opportunity Commission (EEOC), which has issued guidance for how employers should treat convictions they learn about from background checks.

If a background check reveals an applicant has a criminal conviction, you must weigh its details and nature against the job duties and workplace safety concerns.

You shouldn’t deny employment simply because an applicant has a conviction and should only do so if the offense substantially relates to the job’s duties or would threaten workplace safety.

State Laws

Proposed Uniform Legislation to Watch

In January 2025, the Oregon legislature introduced 2025 HB 2746. If passed, this law would make extensive changes to Oregon employment laws by establishing a single framework for fair-chance hiring, salary history bans, and pay transparency.

HB 2746 is designed to address employment barriers through a uniform law with proposed changes as noted below.

Pay Transparency Mandate

HB 2746 would mandate that all employers and employment agencies in Oregon, other than federal employers, disclose pay rate or pay range information, other compensation, and a benefits description in job advertisements and postings.

This would require employers to disclose pay and salary information in both internal and external job advertisements, including those associated with transfers or promotions.

Employers would be required to disclose pay and benefits information to all job applicants upon their request and before they discuss an offer, employees when they’re hired, promoted, or transferred, and annually.

The requirement would apply to any in-person or remote job that could be performed in Oregon, including those that include only a small component of work in the state.

The pay transparency mandate would be new to Oregon and is meant to reduce wage gaps for the following:

• Women
• People with disabilities
• People of color
• LGBTQ+ members

Salary History Restriction

While Oregon employers are already prohibited from asking applicants about their salary histories before making employment offers with specified salaries, HB 2746 would expand the state’s salary history ban to employment agencies.

Under this law, employers can’t ask about an applicant’s former salary, but they can ask about the compensation an applicant expects for the job.

If an applicant voluntarily discloses salary history information without being asked once an employer has made an offer, the employer can verify the information if the applicant provides written consent.

Fair Chance Hiring Expanded

HB 2746 would expand Oregon’s ban-the-box law, which prohibits employers from asking about applicants’ criminal histories before an initial interview or conditional employment offer.

Under HB 2746, the state’s ban-the-box law would be expanded to include employment agencies and recruiters in addition to regular employers.

The bill includes exceptions for law enforcement and criminal justice employers and companies that are required to perform criminal background checks under state or federal law.

While the legislature has not yet passed HB 2746, employers should still watch it because this bill could impact employers and employment agencies of all types, including those hiring for remote jobs or operating in multiple states.

If this bill is passed into law, you’ll need to review your job postings and update them as needed to disclose benefits and pay range information.

Companies, recruiters, and employment agencies should also exclude any questions about salary history from their interview guidelines and train HR about the ban on salary history inquiries.

Whether you’re a direct employer or employment agency, make sure to wait until after an interview or conditional employment offer to conduct criminal background checks.

Finally, your company would need to retain pay information for an individual’s employment duration plus two years after they leave.

Even if HB 2746 is enacted, local, more restrictive ordinances would continue to apply.

For example, Portland’s Fair Chance Ordinance, which requires individualized assessments and written notices when employers base adverse employment actions on criminal convictions, would still control even though HB 2746 doesn’t require them.

Salary History Inquiries Restricted

Under ORS 659A.357, Oregon employers can’t ask an applicant or employee for their salary history information or inquire about it from former employers.

They can obtain a candidate’s signed consent to obtain salary history information after making a conditional job offer that includes a compensation offer.

Pay Equity Law

According to ORS 652.220(1)(c), employers are prohibited from screening applicants or employees based on their compensation (current or former) to determine their suitability for a position.

Employee Social Media Account Privacy Law

Per ORS 659A.330, it is illegal for employers to do the following things:

• Ask applicants or employees for access to their social media accounts, passwords, or login details or to ask or require them to establish social media accounts

• Ask or require employees to allow them to advertise on their social media

• Ask or require applicants or employees to add the employer to their contact lists

• Ask an applicant or employee to open their social media in the employer’s presence

• Take an adverse employment action based on an applicant’s or employee’s refusal to do any of the above-listed things

State Ban-the-Box Law

Oregon has a statewide ban-the-box law found at ORS 659A.360.

Employers may not exclude someone from an initial interview based on a conviction or inquire about criminal history information until the applicant or candidate has had a chance to be interviewed.

This law applies to public and private employers and prohibits them from asking about criminal history information until after the candidate has had an initial interview.

Employment Credit Check Ban

Under ORS 659A.320, most Oregon employers are prohibited from obtaining or asking for an applicant’s or employee’s credit history information.

Employers also can’t refuse to hire an applicant, retaliate, or take an adverse employment action against an employee based on information in their credit report.

However, this law includes exceptions for federally insured banks and credit unions, law enforcement officers, positions for which the information is substantially job-related, and employers who are required by state or federal law to consider credit information for employment purposes.

Local Laws

Multnomah County Ban-the-Box Law

Under Multnomah County Code § 5-20-030, public employers may only disqualify an applicant based on a criminal conviction after an interview or a conditional employment offer.

Portland Ban-the-Box Law

Portland has a city ban-the-box ordinance found at City Code 23.10.030.

This law applies to public and private employers and requires them to wait until after a conditional employment offer before investigating their applicants’ criminal backgrounds.

It also requires employers to individually assess a conviction about the job for which the applicant is under consideration.

How to Get a Background Check in Oregon

1. Develop a Comprehensive Background Check Policy

Before implementing background checks in your hiring process, develop a comprehensive background check policy.

Your policy should explain the specific searches that will be performed for various positions, the process for notifying applicants, obtaining consent, and reviewing, handling, and communicating results.

It should comply with all relevant federal, state, and local laws.

2. Train HR Staff

Once you’ve written a background check policy, thoroughly train the HR staff who will be responsible for completing them.

Ensure they understand the applicable laws and the required processes to prevent potential liability risks.

3. Choose the Right Partner

The usefulness of your background checks depends on the provider you partner with.

Choose a background check company like iprospectcheck that is reliable, FCRA-compliant, and accurate.

We leverage our extensive access to reliable databases and advanced research methods to return background check reports to our clients that comply with all relevant laws, include accurate and current information, and are reliable.

4. Adhere to Notice and Consent Rules

The FCRA’s notice and consent rules require employers to provide a notice to applicants and employees that they conduct background checks on a separate form.

Once you have notified your applicants, you must secure their signed consent before you initiate a background check.

5. Wait to Conduct a Background Check

Wait until later in the hiring process to conduct a background check.

While Oregon’s state ban-the-box law requires you to wait until after an initial interview, Portland’s city code requires you to wait until you have made a conditional employment offer.

If your company is located in Portland, follow the city’s more restrictive law.

6. Evaluate and Communicate the Results

Once you receive background check results, review them carefully.

If everything looks good, communicate with the applicant and schedule their start and onboarding dates.

7. Individually Assess Conviction Records

If a background check reveals a candidate has a criminal conviction, you must assess it as it relates to the job’s duties and workplace safety before basing a decision not to hire them on that information.

8. Go Through the Adverse Action Process

If a candidate’s background check reveals negative information that makes you want to deny employment, the FCRA requires you to complete the following adverse action steps:

• Send the candidate a pre-adverse action notice and enclose a copy of the report that contains the problematic information.

• Give the candidate a reasonable time (five business days) to respond with evidence the information is wrong or that they have been rehabilitated.
• Send a final adverse action letter and include a copy of their rights under the FCRA and state law if you ultimately decide against hiring them.

iprospectcheck: the Oregon Background Check Partner of Choice

Finding the right person to fill your open job position can be hard. Fortunately, the background check process doesn’t have to be.

When you partner with iprospectcheck to run your Oregon background check, you can be confident you and your candidate will receive high-quality customer service and you’ll get the detailed reports you need, all while following the state’s laws and staying compliant.

You deserve to know a candidate’s history before hiring them to work for your company, and iprospectcheck is here to help you with that.

Contact us today to learn more about our complete background check services and to schedule a free, no-obligation consultation.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.