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In Oregon, background checks are done by most employers to ensure that the person they’re hiring wasn’t convicted of a criminal offense before or doesn’t have a warrant out for their name.
It’s a part of everyday life to fulfill your basic needs. So whether you’re applying for work or looking for housing, you must wonder, “do background checks show out of state convictions?” Find more information here.
Do Background Checks Show Out-of-State Convictions in Oregon?
The answer is yes and no. It depends on the type of background check performed and the information requested from the state or other sources. If an employer requests a background check from the Oregon State Police, they will only receive information about any criminal convictions in Oregon.
However, if they request a more comprehensive background check from a third-party vendor, they will receive a report that includes out-of-state convictions. It could consist of any criminal offenses committed in other states or federal offenses.
Do Out Of State Warrants Show Up On Background Checks?
When it comes to warrants, the answer is again yes and no. It highly depends on who’s checking and the type of background check done. But since civilians can access this information, it’s best to assume they can be found.
However, some states do not report warrants to third-party vendors or the national criminal database. So this means that even if a background check is done, it may only show up if the warrant has been reported.
Anyone in Oregon can request a background check to be done on an applicant. But they have to follow some steps, and it must be done in compliance with the Ban the Box Law, Fair Credit Reporting Act, and Oregon’s Pay Equity Law.
Background checks in Oregon
Businesses and employers in Oregon must observe federal and state laws before conducting pre-employment screening and background checks. It means there are specific laws and requirements they must adhere to.
Ban the Box Law
Oregon’s Ban the Box Law protects employees from discrimination. It dismantles hiring practices that lead to employment barriers for ex-offenders and prevents racism regarding employment searching. Ban the Box came from the box where an applicant checks off an application that indicates a criminal history.
The law indicates that it’s illegal for an employer to ask about an applicant’s criminal history. If there was no interview, the employer doesn’t need to require an applicant to disclose their criminal history unless an offer has been made.
Those looking to file a complaint regarding Ban the Box violations may do so on the Oregon Bureau of Labor & Industries (BOLI) website.
Fair Credit Reporting Act
The FCRA, or Fair Credit Reporting Act, regulates and establishes federal requirements on how employers and third parties collect information on job candidates. Under this law, any information contained in the background check can only be provided to those specified by the law.
In addition, employers who provide information to a third-party agency for a background check have to follow specific legal requirements, such as:
- To investigate any disputed information
- Informing the applicant of the background check in writing before the process
- Provide any information in writing to the third-party background check company
The employer who uses the information for credit, insurance, and employment purposes must notify the employee if an adverse action is taken due to the background check results. It refers to the employer’s decision not to hire the applicant based on their background check.
Laws & regulations on Employer’s use of criminal history
When an employer discovers negative information about an applicant’s background check, they are restricted on how they can use that information when making a hiring decision.
According to the Equal Employment Opportunity Commission or EEOC, there are anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), that prevent an employer from applying criminal information that was discovered in a way that discriminates against the applicant, whether based on age, gender, ethnicity, race, national origin, orientation, or religious background.
Another factor that the employer must consider is to analyze whether the criminal information found on the background check resulted in a conviction. Furthermore, employers may not be permitted to view some arrest information that didn’t result in a sentence due to different circumstances.
What will show up on your criminal background check?
Misdemeanors, felonies, pending charges, probation violations, arrest warrants, and incarceration history are all items that can be found in a criminal background check for employment. Arrests that were unsolved for longer than seven years will not be recorded.
Are you worried about your past convictions?
Expungement is a way to clear your criminal records to help you with your employment or other necessities that require a background check. And it’s best to get legal help to take care of the process for you.
At Lohrke Law, you will find professional lawyers with years of experience in expungement. Therefore, we can help you understand how the process will go and what kind of records can be expunged. Schedule a consultation with us today to learn how to move forward without worrying about having past convictions appear on your background check.
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