Nearly 70 million Americans have a criminal record. This can make it hard to get a job, housing, or professional license. But in Oregon, there are limits on how much an employer, landlord, or licensing agency can consider your criminal record when making decisions about employment, housing, or licensing.

Employment

In Oregon, employers are generally prohibited from asking about an applicant’s criminal history on an initial job application.

After an employer extends a conditional offer of employment, they may inquire about an applicant’s conviction history. An employer may then withdraw the offer if the applicant has been convicted of a crime that is substantially related to the job duties (OR Rev. Stat. 659A.320).

An employer may not refuse to hire an applicant solely because the person has been convicted of a crime, unless:

• The conviction is for a current offense that is reasonably related to the job duties; and
• Hiring the person would pose an unreasonable risk to property or the safety or welfare of specific individuals or the general public (OR Rev. Stat. 659A.335).

An employer may not require an applicant to disclose information about arrests that did not lead to a conviction, except as provided in ORS 659A.320 (1)(b) (employer may ask after extending a conditional offer of employment).

Certain types of jobs are exempt from the law, including:

• Positions where an individual will or may have unsupervised access to children under 18;
• Positions with law enforcement agencies;
• Positions where an individual will or may have access to medical marijuana; and
• Other positions are specifically listed in the statute (ORS 659A.330).

Housing

In housing, landlords are generally prohibited from inquiring about an applicant’s criminal history on an initial rental application.

After a landlord extends a conditional offer of tenancy, they may inquire about an applicant’s conviction history. A landlord may then withdraw the offer if the applicant has been convicted of a crime that is substantially related to the job duties (OR Rev. Stat. 659A.320).

A landlord may not refuse to rent to an applicant solely because the person has been convicted of a crime, unless:

• The conviction is for a current offense that is reasonably related to the job duties; and
• Hiring the person would pose an unreasonable risk to property or the safety or welfare of specific individuals or the general public (OR Rev. Stat. 659A.335).

Certain types of housing are exempt from the law, including:

• Housing owned or operated by a federal, state, or local government agency;
• Housing that is subject to certain federal laws and regulations;
• Housing that is operated by a religious organization or affiliated with a religious organization, and where the screening criteria are related to bona fide religious beliefs;
• Senior housing; and
• Other types of housing are specifically listed in the statute (ORS 659A.340).

Licensing

In licensing, Oregon has adopted “ban the box” policies for many professional licenses. Under these policies, applicants are not required to disclose information about arrests that did not lead to a conviction, except as provided in ORS 659A.320 (1)(b) (employer may ask after extending a conditional offer of employment).

Certain types of licenses are exempt from the law, including:

• Positions where an individual will or may have unsupervised access to children under 18;
• Licenses issued by law enforcement agencies;
• Licenses for positions where an individual will or may have access to medical marijuana; and
• Other positions are specifically listed in the statute (ORS 659A.330).

Other important information to keep in mind:

• The law does not apply to background checks conducted by federal, state, or local agencies;
• The law does not create a private right of action for violation of the law (in other words, an individual cannot sue an employer or landlord for violating the law); and
• The law does not preempt any federal, state, or local laws that provide greater protections for applicants with criminal histories.

Please note that this is not intended to be legal advice, and you should always consult with an attorney if you have questions about your specific situation.

If you have any questions about this law or how it may apply to you, please contact an attorney. For more information about this law and other laws affecting people with criminal histories in Oregon, please visit https://oregonlawhelp.org/find-legal-help.