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Background Check Unit Oregon
ORS 443.004 requires background checks for anyone in a position that provides in-home care or who works with disabled individuals; ORS 181.547 provides further guidelines on background checks for positions with direct access to any of the following:
The Oregon Offender Search is available online for use by any member of the general public. These records include a mugshot, the inmate’s name, date of birth, height, weight, eye and hair color, gender and race. Their current incarceration status and location are also listed as well as sentencing information and their projected release date.
State police notify the subject of any criminal background check prior to providing that information to the requesting party. This notification contains a copy of all information that will provided to the potential employer, information on civil rights law relating to the employer’s use of the information contained in the report, and a procedure for challenging anything in the report that the applicant believes is inaccurate.
Experts say a number of factors can affect a state’s level of gun violence. A report by the Kaiser Family Foundation found that Oregon’s firearm death rate 2013 was 11 per 100,000 people, compared to a national average of 10.4.
More importantly, employers must consider the implications of the conviction on the position for which the applicant is being considered, taking into account such factors as the position’s degree of supervision, the applicant’s exposure to other employees, and where the job will be performed. Generalizations, such as “an applicant convicted of theft is more likely to steal” are not permissible reasons for denying employment based on a past conviction.
That’s why more and more Oregon residents are turning to Free Background Checks USA for all of their background check needs. Not only is Free Background Checks USA an affordable way to get the background checks you need done, but it also saves significant time from having to do the check yourself.
“The vast majority of gun owners are really responsible and they really do want to follow the law,” said Penny Okamoto, executive director of Ceasefire Oregon. “Some of the recent mass shootings have jarred peoples’ consciousness that there are some people out there who should not be having guns.”
The Oregon Municipal Clerk of Court maintains computerized records of civil, criminal and traffic cases that can be searched online. This database contains the full records of the 36 circuit courts in the state.
You would have to contact Oregon State Police, Unit 11 Identification Services Section for criminal background checks as well as several other departments, and that would only give you a partial report.
The Center for Health Statistics issues certified records of births, deaths, marraige, domestic partnerships and divorces. Birth and death records are available from 1903, marraige records are available from 1906 and divorce certificates are available from 1926. Older records may be available from their county of origin.
Adam Braatz, owner of Mazama Sporting Goods in Eugene, said he has always performed background checks for private sellers who wanted to do it voluntarily and he plans to continue to offer the service. He said a Eugene police detective came by the store to explain how the new system will work.
The only third party that can obtain a complete criminal history is a criminal justice or law enforcement agency. Some limited information is available to the general public for arrests and convictions that are less than one year old on the date of the request. Any third party can learn the date of arrest, nature of the offense, arresting agency, court of origin and sentence imposed. If the information is to be used for employment purposes, however, the potential employer must notify the subject in writing that they are requesting it. Requests can be made in writing to the Oregon State Police in Portland for a $10 fee.
Prior convictions, excluding juvenile convictions that have been expunged, and arrests within the last year for charges with no record of acquittal or dismissal appear on the report, and can include the following details:
Everytown for Gun Safety, the national group funded by billionaire Michael Bloomberg that played a big role in pushing through Oregon’s law, says its research shows that states with universal background checks have lower rates of firearm violence.
Other mitigating factors that must be considered are whether the applicant has performed similar work since the conviction with no further criminal conduct, character references, references concerning their suitability for the position, and efforts toward rehabilitation since the conviction.
More than 2,000 Oregonians have the federal firearms licenses required to conduct background checks through the state police. Many are hobbyists or antique firearm dealers, but federal records show that there are hundreds of licensees with stores.
Applicants for these kinds of positions may be disqualified based on the results of a criminal history check without the same regard for the relevance of the conviction to the position that is required for positions that don’t meet any of the above criteria.
Background checks for applicants to positions meeting the above criteria generally require fingerprint identification to reduce incorrect reporting due to identity errors with name searches. Oregon law allows for consideration to be given to the cost of a nation-wide fingerprint search when performing these employment screenings.
Karl Durkheimer, who along with his wife owns two stores in the Portland area, refused to allow Everytown to film at his business and said he’s still unsure about whether he’ll provide background checks for private sellers.
Per ORS 659A.315 employers may not deny employment to an applicant who smokes during non-work hours, and may not require as a condition of employment that an applicant refrain from smoking during non-work hours, unless there is a genuine occupational reason or a collective bargaining agreement is in place that prohibits off-duty smoking.
In order to access information on an applicant’s criminal history, employers in Oregon must notify the applicant. When requesting that information from the state police, they must provide the time and location that the applicant was notified.
While the FCRA allows employers to use an applicant’s credit history if it’s relevant to the position, Oregon law is more restrictive. Employers may not obtain or use any information about an applicant’s credit history unless they fall into specific exception categories, such as federally insured banks and positions for which such information is required by law for employment. ORS 659A.320 and the fact sheet summary for employers is available from Oregon’s Technical Assistance for Employers website.
In addition to abiding by federal laws such as the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964, Oregon state laws further regulate what information employers can access during the employment screening process and how they can use that information.
Background check results are provided to employers no sooner than 14 days after the subject of the check has been notified. Most criminal background checks are based on a name search. Some types of positions (see below) require fingerprint searches for increased accuracy.
Government agencies and officials can claim that certain records are exempt from disclosure to the public if they can demonstrate that the need for confidentiality is greater than the public interest. Government agencies who reject a request for a record must explain in writing why the request was denied, and the requester has the right to appeal to the Oregon Attorney General free of charge. If an elected official denies the request, it must be appealed by filing a lawsuit in Circuit Court.
Agencies are allowed to charge fees to cover the costs of fulfilling the request, but requesters can also challenge the fee on the basis of public interest. If the fee exceeds $25, the government agency must first provide an estimate.
Oregon maintains a Background Check Registry of individuals with completed background checks who are eligible to for employment as homecare workers without a new background check. Inclusion in the registry is subject to a new background check every two years.
But extending the checks to private gun transfers was a difficult blow for many gun owners accustomed to lending, swapping, buying and selling their firearms without the involvement of the government.
A full criminal history can only be released to the subject of the record upon positive fingerprint identification. Applicants can either be fingerprinted in person at the CJIS Division of the Oregon State Police in Salem, or they can do their own fingerprints using card FD528. The fingerprints must be correctly rolled according to the instructions on the card to be accepted. They can then be mailed (along with a check for $33) to the CJIS Division of the Oregon State Police in Portland (not the Salem office) along with a completed “Copy of Own Record Request Form.”