Oregon background check: what Oregon State Police release

Two kinds of Oregon State Police requests

A name request must list the person's full name, birth date, Social Security number if known, and a current or last known mailing address. Without an address, OSP cannot process it, because it has to send that person a notice.

The 14 day notice that protects you

Oregon does something many states do not. When someone asks for your record by name, OSP lets you know about the request, including who made it. You then have 14 days from that notice to challenge whether the information is accurate. If no challenge arrives in time, the record is released to the requester.

Employers who request a record for hiring must tell you beforehand and say on the request form how they told you. If a notice arrives and you were not expecting it, read it right away; two weeks pass quickly.

What an Oregon criminal background check leaves out

A name based release covers convictions and only those arrests under one year old that were not acquitted or dismissed. Older arrests without a conviction stay confidential. When there is nothing releasable, the requester just hears that the person has no criminal record, with no other detail. Responses with history are mailed only to the requester.

Private screening companies may still search Oregon court records county by county, which can show cases that the OSP release does not. Our page on what shows up on a check explains the difference between repository and court searches.

Oregon background check timing

For your own fingerprint based record, OSP says requests generally take 7 to 10 business days to process, not counting mail, and cannot be rushed. A name based request on someone else varies with the results, and the 14 day notice period runs before any record is sent. Full hiring reports that pile on other states, job history calls and a drug screen usually stretch a few days beyond that. Our time estimate tool gives typical ranges.

Jobs that add fingerprints in Oregon

Oregon programs that license or certify workers, such as those in schools, child care and care for older adults, often use fingerprint based checks that the program sets up and reviews. OSP lists these as regulatory applicant checks. Your employer or the licensing program explains where to be printed. Our care job checks page and the fingerprinting guide explain the flow to the FBI.

For a personal copy, prints are taken only at OSP's Salem headquarters on weekdays, first come, first served, on a paper FD-258 card. Previously submitted prints cannot be reused.

Oregon background check rules under federal law

When an Oregon employer pays a screening firm for a report, federal rules add steps on top of the state process. You get a separate written disclosure and sign permission, and if the report may lead to a no, you receive it and a rights summary first. The FTC page on background checks and your rights lists them, and the EEOC guide for applicants explains fair treatment of records.

Challenging an Oregon record

The fastest route is the 14 day challenge after a notice. Explain what is wrong and include court papers, such as a dismissal or a set aside order. If you find an error while reviewing your own record, contact the CJIS Division and the clerk's office for that case. For mistakes on a screening company report, follow our dispute instructions, and see the sealed records page for set aside cases that still show up.

Oregon law and OSP procedures can change. Read the agency's page, and bring questions about your own file to an Oregon employment attorney or legal aid.