State law · For employers
Oregon background check laws for employers
What Oregon law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
3 laws cited
At a glance
The Oregon rules on each topic, in one line. Federal law applies to every topic.
| Topic | Oregon rule |
|---|---|
| Criminal history questions | An employer may not exclude an applicant from an initial interview solely because of a past criminal conviction. |
| Limits on what a report includes | No state rule. Federal law applies. |
| Sealed and expunged records | No automatic sealing. Oregon uses petition-based set-aside under ORS 137.225, with no filing fee. |
| Credit checks | An employer may not obtain or use an applicant’s or employee’s credit history for employment purposes, or take adverse action based on it, unless an exemption applies. |
| Salary history | An employer or prospective employer may not seek an applicant’s or employee’s salary history from the person or from a current or former employer. |
| Cannabis | No state protection for off-duty cannabis use and no limit on pre-employment THC testing. |
| Drug testing procedures | No state rule. Federal law applies. |
| State consumer reporting law | No state rule. Federal law applies. |
When you may ask about criminal history
Who it covers: All private employers in Oregon (ORS 659A.360 has no size threshold).
In force since: January 1, 2016
An employer may not exclude an applicant from an initial interview solely because of a past criminal conviction. That means no conviction question on the application, no required disclosure before the first interview, and, if there is no interview, no required disclosure before a conditional offer. After that point the employer may consider conviction history.
Exceptions
- Federal, state or local law requires consideration of criminal history.
- Law enforcement agencies.
- Employers in the criminal justice system.
- Employers seeking a nonemployee volunteer.
ORS 659A.360(1) · ORS 659A.360(2)(a)-(c) · ORS 659A.360(4)(a)
Sealed and expunged records
Who it covers: All employers.
In force since: January 1, 2022
No automatic sealing. Oregon uses petition-based set-aside under ORS 137.225, with no filing fee. Once set aside, the conviction is sealed and deemed not to have occurred, and the person may answer questions accordingly. A 2025 bill (SB 187) to study streamlining set-asides did not pass.
Exceptions
- Civil actions in which truth of the record is an element of a claim or defense (ORS 137.225(10)).
ORS 137.225(3)(a) · ORS 137.225(4) · Oregon Laws 2025, ch. 349 (HB 2492), § 1 amending ORS 137.225(1)(f)
Credit checks for employment
Who it covers: All employers.
In force since: July 1, 2010
An employer may not obtain or use an applicant’s or employee’s credit history for employment purposes, or take adverse action based on it, unless an exemption applies. The job-related exemption requires that the employer’s reasons be disclosed to the person in writing.
Exceptions
- Federally insured banks and credit unions.
- Employers required by state or federal law to use credit history.
- Public safety officers in listed law enforcement roles (and Oregon Liquor and Cannabis Commission regulatory specialists).
- Credit information that is substantially job-related, with the reasons disclosed in writing.
Salary history questions
Who it covers: All employers and prospective employers.
In force since: October 6, 2017
An employer or prospective employer may not seek an applicant’s or employee’s salary history from the person or from a current or former employer. After making an offer that includes an amount of pay, the employer may ask for written authorization to confirm prior pay.
Exceptions
- Written authorization to confirm prior compensation after an offer with a stated amount.
Cannabis use and testing
Who it covers: Not applicable.
No state protection for off-duty cannabis use and no limit on pre-employment THC testing. Oregon’s off-duty-use statute covers lawful tobacco products only. Employers may test and may decline to hire on a positive result.
Where federal law alone applies
We found no Oregon rule for private employers on these topics. The FCRA and other federal laws still apply.
- Limits on what a report includes
- Drug testing procedures
- State consumer reporting law
Local rules
Some places in Oregon add their own rules. A local rule applies on top of the state rule.
- Portland (city). Employers with six or more employees, for positions performed a majority of the time in Portland, may consider criminal history only after a conditional offer. Accessing criminal history before the offer is a violation. Excluding an applicant solely for criminal history is unlawful. Even after the offer, the employer may not consider arrests not leading to conviction (unless charges are pending), convictions judicially voided or expunged, or charges resolved by diversion or deferral for offenses not involving physical harm. Before rescinding an offer the employer must make an individualized assessment of the nature and gravity of the offense, time elapsed, and the nature of the job, and find the conduct job-related and consistent with business necessity. A rescission must be in writing and identify the convictions relied on. Same exemptions as the state law, plus a list of positions serving children, the elderly or people with disabilities.
Portland City Code ch. 23.10 (Ord. 187459, eff. Dec. 25, 2015; amended by Ord. 191973, eff. Jan. 1, 2025). 23.10.030 B: 'An employer violates this Chapter if an employer accesses an applicant’s criminal history prior to making a conditional offer of employment.'
Adverse action notices
Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Oregon requirements where they apply.
The waiting period calculator gives the date under the federal rule.
Paperwork at hire
Besides the federal Form I-9 and W-4, Oregon sets these for each new hire.
- State withholding. Have each new hire complete Form OR-W-4 for Oregon withholding; the federal W-4 covers federal withholding only. Form OR-W-4 (150-101-402)
- New hire report. Report each new hire to Oregon within 20 days; some independent contractors must be reported too. State new hire reporting
- Notices at hire. Written explanation of earnings and deductions; Discrimination, harassment and sexual assault prevention policy; Pregnancy accommodation rights notice (6 or more employees).
Build the new hire checklist for Oregon, with city rules, special cases and a due date for each item.
Sources
- ORS 659A.360(1)
- ORS 137.225(3)(a)
- Oregon Laws 2025, ch. 349 (HB 2492), § 1 amending ORS 137.225(1)(f)
- Portland City Code ch. 23.10 (Ord. 187459, eff. Dec. 25, 2015; amended by Ord. 191973, eff. Jan. 1, 2025). 23.10.030 B: ‘An employer violates this Chapter if an employer accesses an applicant’s criminal history prior to making a conditional offer of employment.’
Last reviewed · General information, not legal advice.
After the hire
Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.