Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Oregon: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Oregon prohibits employers from excluding an applicant from an initial interview solely because of a past conviction, and from requiring disclosure of a conviction before that interview. If no interview is held, the employer must wait until after a conditional offer. The law applies to all employers with no size threshold. It does not apply where another law requires considering criminal history, to law enforcement or criminal justice employers, or to nonemployee volunteers. The Bureau of Labor and Industries enforces it.
Criminal Record Lookback Period
Oregon has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Oregon has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
When an Oregon court sets aside a conviction or arrest record, the person is deemed for purposes of the law not to have been previously convicted, the record is sealed, and the conviction or arrest is deemed not to have occurred. The applicant may answer any question about it accordingly, including on a job application. Oregon also separately prohibits employers from discriminating against an applicant or employee based on an expunged juvenile record, unless the decision rests on a bona fide occupational qualification reasonably necessary to the employer's business.
Salary History Ban
Oregon prohibits employers and prospective employers from seeking an applicant's or employee's salary history, whether from the applicant, the employee, or a current or former employer. An employer may request written authorization to confirm prior compensation only after making an offer of employment that includes an amount of compensation.
Credit Report Restrictions
Oregon prohibits employers from obtaining or using an applicant's or employee's credit history for employment purposes, and from refusing to hire, discharging, demoting, suspending, retaliating, or otherwise discriminating based on credit history. Applicants and employees may file a complaint with the Bureau of Labor and Industries or bring a civil action.
*The prohibition does not apply to federally insured banks and credit unions, to employers required by state or federal law to use credit history, to certain public safety officer positions, or where the credit history is substantially job-related and the employer discloses its reasons in writing to the applicant or employee. The employer bears the burden of proving it made that written disclosure.
Bankruptcies
Oregon has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Oregon has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Oregon has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Recreational and medical marijuana are both legal in Oregon, but neither law gives employees workplace protection. Employers may enforce drug-free workplace policies, test for marijuana, and discipline or refuse to hire based on a positive test, including for off-duty use by a registered medical marijuana patient. Oregon does protect off-duty tobacco use, but that protection does not extend to marijuana.
Pre-Adverse Action Notice & Waiting Period
Oregon has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Oregon has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Oregon has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Wage Inquiry Protections
Oregon prohibits employers from discriminating against an applicant or employee because the person has inquired about, discussed, or disclosed wages, or has filed a wage complaint. This protection is separate from the salary history ban and covers employees discussing pay with one another.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Portland, OR Applies to 6+ Employees Removing Barriers to Employment
Portland goes beyond Oregon's statewide law. Covered employers may not ask about criminal history, or access it from any source, until after making a conditional offer of employment, and may not exclude an applicant from consideration solely because of criminal history. A conditional offer is one conditioned solely on the results of the criminal background inquiry or another contingency expressly communicated to the applicant. The ordinance covers employers with 6 or more employees where at least 1 employee performs a majority of their work within Portland city limits, regardless of where the employer is based. Full-time, part-time, temporary, seasonal, and unpaid positions all count. If an applicant volunteers criminal history information, the employer must disregard it and take reasonable steps to prevent further disclosure. Individualized assessment and notice are required before rescinding an offer. Government employers other than the City of Portland are exempt.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Oregon restricts hiring inquiries more than most states. To stay compliant:
Remove all criminal history, salary history, and credit history questions from your job application. If you rely on the credit job-related exception, disclose your reasons in writing. Wait until after the initial interview to ask about criminal history, or until after a conditional offer if you conduct no interview. Wait until after a conditional offer if you have 6 or more employees and anyone works mostly in Portland. Disregard any criminal history an applicant volunteers before you are permitted to ask, and take reasonable steps to prevent it spreading further. Exclude any set aside conviction or arrest from consideration, since Oregon law treats it as never having occurred. Evaluate each conviction individually against the specific job rather than applying a blanket exclusion, consistent with EEOC guidance under Title VII. Request written authorization to confirm prior compensation only after extending an offer that states a compensation amount. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Oregon Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Oregon law.