The Criminal Background Check in Oregon Guide: The Costs & Rules
Whether you’re applying for a job or renting a home, a criminal background check in Oregon might be an important step you need to take. Criminal background checks reveal whether or not you have any convictions, but having a record doesn’t automatically bar you from employment or housing.
In this guide, we’ll cover how the process works, what information is included, and how to obtain a copy of your background report. Plus, we’ll talk about expungement of your record and what you have to do to be eligible.
Criminal Background Check
A criminal background check in Oregon reviews your history with law enforcement and the courts to reveal past arrests, charges, or convictions. It’s often used by employers, landlords, government agencies, and individuals to assess someone’s trustworthiness and safety risk. The results can influence hiring decisions, housing applications, firearm purchases, and more.
However, it’s important to note that Oregon laws prevent employers and landlords from rejecting you simply for having a record. Oregon’s “Ban the Box” laws prevent employers from asking about your criminal history before the interview stage. In Portland, interviewers can only request this information once there’s a conditional job offer. At this point, they must offer notice, obtain consent, and conduct an individualized assessment before rescinding a job offer based on the criminal record. Additionally, Oregon’s Fair Housing laws prevent landlords from automatically denying you just because you have a criminal record.
To request a copy of your criminal history, you’ll need to fill out this form, “Copy of Own Letter/Clearance Letter Request,” provide a physical copy of your fingerprints, and pay a fee of $33. Once the criminal background check is complete, the Oregon State Police will mail you a copy of your records or a response stating that you have no criminal history in Oregon. The background check does not cover criminal history from other states or federal criminal history from the FBI.
What Are the Oregon Background Check Rules?
In Oregon, not just anyone can run a background check. Oregon considers criminal history records confidential, except under specific conditions. Typically, criminal background checks can be conducted in the following circumstances:
Employment-related checks: Under Oregon’s “Back the Box” law, employers cannot ask about criminal history until the first interview. Written consent is mandatory before the background check.
Special positions: Under ORS 181A.190, those applying for caregiving or DHS-related roles may be required to provide a fingerprint-based background check. Your consent is mandatory before the background check.
Other reasons: For non-employment uses (landlords, dating, personal vetting, etc.) you can legally access publicly available records with no permission required. However, the person will be notified of any individual or agency’s request.
Oregon Public Records
In Oregon, public records cover a wide range of information, from criminal records to court cases and more. Typically, they include arrests within the last year that haven’t been dismissed or acquitted, convictions, court dispositions, sentencing, probation, and parole information, physical descriptions, and known aliases. They do not include expunged, sealed, or juvenile records. If the person has no criminal history, a background check will notify you that there is no criminal record.
Other information that may be on your public record includes court records like civil cases and traffic citations, property and tax records, driving records from the DMV, and employment history, including professional licenses that are public via boards like the Oregon Construction Contractors Board or Board of Nursing.
To check your own public records in Oregon, you can do the following:
Criminal history: You can request your own criminal history from the Oregon State Police. Use the form “Copy of Own Record Request” and include your fingerprints. Results are usually mailed within 7 to 10 days.
Court records: You can request court records through the Oregon Judicial Case Information Network (OJCIN) online or visit your county circuit court clerk.
Property records: Check with your County Assessor or Recorder’s office.
Driving record: Request your driving record via the Oregon DMV online, in person, or by mail.
Information that isn’t public includes:
Social security numbers
Medical records
Most juvenile records
Sealed court files
Some adoption/family law records
Oregon Criminal Background Check Cost
The fee for a criminal background check is $33. This includes requesting your own record or someone else’s. Additionally, if you need your record notarized, you can pay $5. However, you cannot request someone else’s record be notarized.
The Oregon State Police Headquarters in Salem also offers fingerprinting services. This costs $30 and is only available in Salem. Additionally, you can go to your local law enforcement agency or a fingerprinting service.
Can Your Criminal Record Be Expunged?
Yes, in Oregon, your criminal record can be expunged in many cases. Expungement, which is called “set-aside” under Oregon law, means that the arrest or conviction is sealed. In most cases, you can legally say it never happened. Those that are eligible for expungement in Oregon include:
Most misdemeanor and felony convictions, including non-violent felonies, theft, and drug possession.
Arrests without conviction.
Charges dismissed or acquitted.
Juvenile records.
However, Class A felonies like murder, kidnapping, or treason, sex crimes involving minors, some recent violent crimes, and crimes requiring lifetime registration as a sex offender cannot be expunged.
The following waiting periods apply:
Class B felony: 7 years from the conviction or release from prison, with no charges or convictions for at least 7 years.
Class C felony: 5 years from the conviction or release from prison, with no charges or convictions for at least 5 years.
Class A misdemeanor: 3 years from the conviction or release from prison, with no charges or convictions for at least 3 years.
Class B or C misdemeanor, violation, or finding of contempt of court: 1 year from the conviction or release from prison, with no charges or convictions for at least 1 year.
Arrests, charges, or citations that are not pursued: 60 days from the time the prosecuting attorney indicates that the state will not pursue the charges.
Acquittals or dismissed charges: Anytime after the acquittal or dismissal of charges.
How to File for Expungement
When filing for expungement, you do not have to hire an attorney, but it is often a good idea. An experienced Oregon lawyer, such as Powell Law, can offer legal advice and help you with your expungement.
To file a motion to set aside (have your records expunged):
Fill out the form “Motion to Set Aside and Declaration in Support” in the circuit court where the arrest or conviction occurred. Make two copies of the forms, one for you to keep and one to serve the motion to the district attorney.
Get a copy of your fingerprints and send them to the Department of State Police, paying the $33 fee for your criminal history.
Wait for a response from the District Attorney. They have 120 days after you file to send in any objections. Many eligible motions go unopposed.
Some judges may hold a hearing. Make sure you provide accurate contact information. If you miss the hearing, you may not receive your set-aside.
If your motion is granted, your record is sealed and treated as if it never existed. However, it’s important to note that this does not mean the records are destroyed. Law enforcement can still access them in limited situations.
How to Do a Criminal Background Check on Someone Else
If you’re looking to do a criminal background check in Oregon on someone else, you should be aware that you will only receive limited access, including criminal offender information available on the public record. To run a criminal background check on someone else:
Fill out the form “Request for Oregon Criminal History Information on Another Individual” (Open Record).
You’ll need the following information: The person’s full name, date of birth, current or last known mailing address, and your name and address.
Pay the $33 fee.
Submit the form and fee to the Oregon State Police.
Once you submit your request, the OSP will notify the individual. They have 14 days to challenge the information on their record.
The OSP will send you a copy of the criminal offender information or a response that the person has no history.
Criminal Background Check in Oregon Conclusion
Some employers and landlords use criminal background checks to verify someone’s trustworthiness. While they cannot outright deny you employment or housing based on a criminal record, they can use the information to make an informed decision. In many cases, after a specified waiting period with no charges or convictions, you can file a motion to set aside your criminal record.
While this is a process you can handle on your own, some cases may be more complex. If you’re looking for legal counsel or help with your motion to set aside, Powell Law can help. With years of experience practicing Oregon Law, we’ll help you navigate the process and answer any questions you may have. Contact us today for a consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
