• September 27, 2022
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If you’re a hiring manager, business owner, or volunteer organization who is seeking qualified help, you know how arduous that search for the perfect match can be.  At the time of this writing, the state of Oregon is struggling with workforce shortages as businesses are still recovering from the ravages of the pandemic.  If this isn’t enough, Oregon hiring managers are consistently tasked with hiring the right candidate for the job while still staying compliant with state and federal regulations.  While staffing shortages are an inevitable challenge in today’s business world – hiring the right applicant doesn’t have to add to your hiring challenges. Thanks to professional Oregon background check services, you can rest assured that the candidate sitting in front of you is the ideal person for the job.  

Oregon Background Check Introduction 

As a hiring manager, your primary objective is to suss out the best candidate for your business or volunteer organization’s vacancy.  While this may sound simple, the pre-hire process can get extremely complicated.  

To explain, the state of Oregon has specific rules about what employers can and cannot ask an applicant before he or she is rewarded or denied a position.  Moreover, federal regulations must also be followed during the pre-hire process.  

Failure to comply with hiring laws could mean costly consequences for any business or volunteer organization.  In order to help your organization avoid expensive lawsuits or penalties due to noncompliance, here are some helpful highlights you should know about conducting a background check in Oregon.  

How Can I Get a Background Check In OR? 

According to Oregon’s Public Records Law, you have the right to view public records.  However, there are certain records that are prohibited from public view, and therefore must remain confidential according to the Oregon Secretary of State. 

Nevertheless, if you want to conduct a criminal background check in Oregon, you can submit a request for criminal background information from the Criminal Justice Information Services. Bear in mind, however, that this report will only provide you with potential criminal activity that occurred within the state of Oregon.  It will not disclose nationwide or international criminal activity on the candidate you are considering for hire.

If you wish to obtain court case data on an applicant, you can submit a request for this through the Oregon Judicial Department.  For general Oregon background check information, you should submit a request to the Secretary of State.  You can also access background information from the Oregon Department of Justice or the Oregon Health Authority.  

While Oregon has generous laws about making background information public records, it can be a time-consuming process.  The reason for this is that state governments are often understaffed, and aren’t entirely motivated to provide you with fast and easy Oregon background check results.  

Why Is It Important For Oregon Employers to Conduct Background Checks?

No matter how many times you interview a candidate, there is always a chance he or she might not be the best fit for the position.  Many applicants with a criminal record might convey themselves in an interview entirely different from the truth that an Oregon criminal background check may reveal.  Getting accurate, professional background checks can ensure that your candidate has portrayed him or herself honestly in interviews and on their resume.  

We could say that hiring an applicant without a background check is like operating without a safety net.  Background checks provide the critical information you need to make smart decisions about who you hire.  Furthermore, an Oregon background check provides peace of mind because you have all the current facts to substantiate the applicant is who she or he says they are.   

Is There Anything Unique About Background Checks in Oregon?

Yes. There are a few rules that every Oregon employer or volunteer organization must abide by during the pre-hire process.  For instance, applicants must be notified in writing that they are subject to a background check.  

Should a background check return unfavorable results, the applicant must be given a pre-adverse action letter that clearly defines the reasons an employer has made the decision not to hire the applicant according to the background check results. 

Furthermore, employers must give the applicant ample time to dispute the adverse information in the background check.  Employers must also provide the applicant ample time to correct any false information (if any) uncovered in a background check.

After an adequate amount of time, if an employer still refuses employment to an applicant, an  official adverse action letter must be provided to the applicant. that notifies the applicant will not be hired based on the background check results.

How Background Checks Work in Oregon

As mentioned, you can obtain an Oregon background check by submitting a request to the Oregon Secretary of State, the Oregon Department of Justice or the Oregon Health Authority. For a state of Oregon criminal background check, you should submit a request to Oregon’s Criminal Justice Information Services.

Submitting multiple requests to different state government offices can be laborious, overwhelming, and it often takes a considerable amount of time to get results.  When you choose a third-party background check service, such as with PreSearch, you are ensured accurate, comprehensive information.  Furthermore, the results will be fast and will provide you with the information you need – including nationwide histories on applicants.  In essence, PreSearch makes conducting background checks in Oregon seamless and simple – all while staying compliant with state and federal laws

Oregon Background Check Laws

If you want to DIY a state of Oregon background check, then you need to be prepared to comply with state laws during every step of the pre-hire process.  With this in mind, here are a few laws you should be apprised of before obtaining background information on a potential new hire.

Does Oregon Have a Ban the Box Law?

Yes.  While some states do not, Oregon is one among 35 states in the nation with a “Ban the Box” law.  This law prohibits employers from asking about an applicant’s criminal background on a job application.  Moreover, the “Ban the Box” law applies to employers in both private and public sectors. 

Additionally, an employer cannot ask an applicant about past criminal history until he or she has been afforded an initial interview or is given a conditional job offer.  This means that an employer cannot obtain an Oregon criminal background check through the state or third-party services until an applicant has been granted an official interview or has been offered a position within the organization. 

Fair Credit Reporting Act 

This is a federal law that requires employers to notify an applicant in writing that a background check is going to be conducted. This notification must be done before the background check process begins.   

There are certain Oregon-specific factors to the FCRA.  For instance, unless an applicant is applying to work for law enforcement, a bank, or a financial institution, employers may not use information from a credit report as a basis for rewarding or denying employment to the applicant.

Pay Equity Law

In addition to restrictions about asking about criminal history, according to the state of Oregon, employers are also prohibited from asking applicants about salary amounts he or she may have earned in the past.  Of course, as a hiring manager in the state of Oregon, you have the right to conduct a check on past employment history.  In fact, this should be done in order for you to confirm the applicant has the work experience required to fulfill the position.  However, the Pay Equity Law prohibits employers from gathering information on how much an applicant earned while working for previous employers. 

What Generally Shows up on an Oregon Background Check? 

The answer to this question largely depends upon what kind of information you require.  In general, all employers should, at the very least, obtain criminal background information as well as past employment history.  The state of Oregon also permits employers to obtain educational history, as well as identity verification.  Employers are also allowed to check if an applicant is on the sex offender registry.  

How Long Does a Background Check Usually Take in Oregon? 

If you conduct an Oregon background check independently, or have your human resource department conduct a check – the results could take several days or even weeks to get to your desk.  However, if you use a fast background check service such as PreSearch, you can expect results within the same day. In some cases, we can even give you a speedy turnaround within a few hours.

How Far Back Can Background Checks Go in Oregon? 

In most cases, a background check in Oregon goes back seven years.  There are some exceptions to this lookback period.  For instance, if an applicant is being hired for a management or executive position, the background check can go back further than seven years.  Also, if an applicant stands to earn $75,000 or more if hired, then the seven-year rule does not apply in this case either.  You should also know that if you opt to go through the Criminal Justice Information Services to obtain a criminal background check in Oregon, you will only receive one year of reporting.  However, if you use a more comprehensive service such as PreSearch, our criminal background checks will provide you with the permitted seven-year lookback period on the applicant’s criminal history.

How Much Do Background Checks Usually Cost in Oregon? 

This depends upon which state institution you are requesting background checks from.  For example, the fee can range from $10 to $33 for a one-time criminal background check through the state.  If you request a background check from the Oregon Health Authority, you can expect to pay $70.50. Miscellaneous legal background checks obtained from the Oregon Judicial Department (which reveal information such as civil suits) start at $10 and plus .25 cents per page of the report.   

How PreSearch Can Help

You can save yourself and your organization a lot of time, money, and frustration by using PreSearch.  Our professional technicians are fully versed on Oregon state law, so you can be assured that all your background checks are conducted according to state and federal requirements.  Furthermore, we eliminate all the time invested in contacting independent state departments which can cost money in salaries, and fees.  We have the resources and knowledge to expedite results, and guarantee your satisfaction.  Ultimately, when you align yourself with PreSearch, you have the most effective tool to help you hire the right candidate to work within your organization.