EMPLOYMENT BACKGROUND CHECKS
Oregon Employment Background Check Screening Services
All employment background screening services including pre-employment drug screening and pre-employment criminal record background checks are available in Oregon.
updated 03/2020
Recent ruling concerning release forms by ninth circuit.
Single combined state and Federal release forms no longer adequate.
Employers conducting background checks in Alaska, Arizona, Idaho, Montana Nevada, Oregon and Washington State should be aware of this ruling and take steps to comply with this ruling.
In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29, 2019), the Ninth Circuit held a single form combining nearly identical federal and state disclosures violates both federal and state laws.
Employers who conduct pre-employment background checks must now provide applicants with two separate standalone forms: (1) disclosure and consent under Fair Credit Reporting Act; and (2) disclosure and consent under California’s Investigative Consumer Reporting Agencies Act (or other applicable state law).
CLEAR AND CONSPICUOUS LANGUAGE
By including release/authorization language related to the required state form, or any other required disclosure or release, the court also ruled that the combination form violated the FCRA because it contained “extraneous information and was as likely to confuse as it was to inform.”
The court also found that the CheckSmart Financial LLC, release form also contained language that a reasonable person would not understand.
Specifically, the court cited this sentence: “The scope of this notice and authorization is all-encompassing; however, allowing CheckSmart Financial, LLC to obtain from any outside organization all manner of consumer reports and investigative consumer reports now and, if you are hired, throughout the course of your employment to the extent permitted by law.”
First, the court found that this sentence did not explain how the notice was all-encompassing.
Moreover, it did not disclose the impact that authorization would have on a prospective employee’s rights.
In addition, the court cited the portion of the sentence after the semicolon.
It found that it was incomplete, lacked a subject and that the drafting may have caused confusion as to the possible limits of the authorization
What should employers do?
1. Obviously, Avoid Combining Any Other Release Or Disclosure Forms
2. Use Standalone Easy To Read and Understand Documents Only
3. Use Large Font, at least 12 point
4. Separate Subjects In The disclosure Language With Bold Title Headers
5. Use Plain Language And Avoid Legal Terminology
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes a check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states.
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
Use Of Social Media In Oregon Pre-Employment Screening:
It is unlawful for an employer to request that an employee or applicant disclose his or her username and password or add the employer to his or her list of contacts (2013)
Arrest:
No Oregon statutes have been located that restrict an employers ability to obtain and/or use arrest records.
Conviction:Employers cannot rely on a juvenile record that has been expunged to make employment decisions. Or. Rev
. Stat. §
Note: 181.534 (Criminal records check) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
§ 181.533Oregon Admin Office of Courts¹
Note: 181.534 (Criminal records check) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
§ 181.533¹
Criminal records check
• qualified entities
• rules
• fees
(1) As used in this section:
(a) Authorized agency means the Department of State Police or other governmental agency designated by the State of Oregon to report, receive or disseminate criminal offender information.
(b) Qualified entity means a business or organization that:
(A) Provides care or placement services, or licenses or certifies others to provide care or placement services, for children, elderly persons or dependent persons;
(B) Is not governed by a state regulatory or licensing agency; and
(C) Has been determined by an authorized agency to meet the criteria established by the authorized agency by rule under subsection (9) of this section.
(c) Subject individual means a person who is employed or seeks to be employed by a qualified entity or who is providing services or seeks to provide services to a qualified entity on a contractual or volunteer basis.
(2) An entity may request from an authorized agency a criminal records check for purposes of evaluating the fitness of a subject individual as an employee, contractor or volunteer.
The authorized agency may access state and federal criminal records under this subsection only through use of the subject individuals fingerprints.
(3) Before an authorized agency may conduct a criminal records check under this section:
(a) The authorized agency must determine whether the entity requesting the criminal records check is a qualified entity;
(b) The qualified entity must establish criteria, subject to rules adopted by the Oregon Department of Administrative Services under ORS 181.547 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), to be used by the authorized agency in reviewing the criminal offender information for a final record check determination;
(c) The qualified entity must provide the criteria established under paragraph (b) of this subsection to the authorized agency; and
(d) The qualified entity must have informed the subject individual that the qualified entity might request a fingerprint-based criminal records check and that the subject individual may obtain a copy of the record check report from, or challenge the accuracy or completeness of the record check report through, the authorized agency or the Federal Bureau of Investigation.
(4)(a) Upon receipt of a subject individuals criminal offender information, the authorized agency shall use the criteria provided to the authorized agency by the qualified entity under subsection (3)(c) of this section and rules adopted by the Oregon Department of Administrative Services under ORS 181.547
(Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks) to make a fitness determination.
In making the final record check determination, the authorized agency may consider only information that the Department of State Police may disclose under ORS 181.560 (Procedure when information requested by other than criminal justice agency).
(b) An authorized agency is immune from civil liability that might otherwise be incurred or imposed for making the final record check determination under this subsection.
(5) An authorized agency may not transfer a fingerprint card used to conduct the criminal records check unless the public agency or person receiving the fingerprint card agrees to destroy or return the fingerprint card to the authorized agency.
(6) If the public agency or person returns a fingerprint card to the authorized agency, the authorized agency shall destroy the fingerprint card. The authorized agency may not keep a record of the fingerprints.
(7) The authorized agency shall permit a subject individual to inspect the individuals Oregon and Federal Bureau of Investigation criminal offender information after positive identification has been established based upon fingerprints.
(8) Challenges to the accuracy or completeness of information provided by the authorized agency, the Federal Bureau of Investigation and agencies reporting information to the authorized agency or the federal bureau must be made through the authorized agency or the federal bureau.
(9) The authorized agency shall adopt rules to implement this section. The rules may include but are not limited to:
(a) Criteria to be used by the authorized agency to determine whether an entity is a qualified entity; and
(b) Fees to be charged for conducting criminal records checks under this section in amounts not to exceed the actual costs of acquiring and furnishing criminal offender information. [2001 c.871 §1; 2011 c.547 §20; 2013 c.285 §2]
Note: 181.533 (Criminal records check) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
This database contains current and historical felony and misdemeanor records of individuals who are or have been under the jurisdiction of the Oregon Court system, which includes traffic violations.
There are records on approximately 4,500,000 persons. Data can include name, DOB, offense, case number, case type, file date, incident date, sentence date, and status.Oregon Dept of Corrections.
Corrections records on persons sentenced to serve time in a state institution since 1987. Records on approximately 308,000 persons.
Results may include defendant name, DOB, offense, degree of offense, case number, sentence date, release date, and status.
Records updated monthly.
Oregon Sex Offender Contains information on convicted sex offenders.
Data may contain offender name, date of birth, county, and data last updated
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This makes the background check process fast and easy.
Please Click or call for more information.
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