Does Oregon have a Clean Slate law?

No. Oregon does not have a Clean Slate law that automatically seals or expunges criminal records. All record clearing in Oregon requires filing a petition with the court. However, Oregon's expanded expungement eligibility means more people can clear their records than ever before, even though the process is not automatic.

What is Oregon's Second Look law?

Oregon's Second Look law (ORS 144.228) allows individuals serving certain lengthy prison sentences to petition for resentencing after serving half their sentence. If the court finds that continued incarceration is not necessary, it can modify the sentence. This provides a pathway to earlier release for people who have demonstrated meaningful rehabilitation during their time in prison.

Does Oregon's ban-the-box law apply to all jobs?

Oregon's ban-the-box law applies to all employers, including private employers. However, there are exceptions for positions where a criminal background check is specifically required by federal, state, or local law; law enforcement positions; and certain other specified roles. For most jobs, the employer must wait until after the initial interview to ask about criminal history.

Will an expunged record show up on a background check in Oregon?

No. Once a record is expunged in Oregon, it is sealed from public access and should not appear on standard employment background checks. You can legally deny the existence of the expunged offense when asked by employers. If an expunged record appears on a background check, it is likely reported in error, and you have the right to dispute it.

How long is the waiting period for expungement in Oregon?

Waiting periods vary by offense type. For most misdemeanors, the waiting period is 3 years from the date of conviction or release, whichever is later. For Class C felonies, it is typically 5 years. For some eligible Class B felonies, it may be 10 years or more. You must have no subsequent convictions during the waiting period. Contact a legal aid organization for specifics about your situation.

Oregon Background Check Laws

No state lookback limitLast updated: 2026-04-01

In Oregon, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit. However, Oregon's ban-the-box law prevents all employers from asking about criminal history until after the initial interview. Oregon has expanded expungement eligibility but does not have a Clean Slate auto-sealing law.

Overview

Oregon does not impose a state-level time limit on how far back a background check can report criminal convictions. Under the federal FCRA default, convictions can appear indefinitely. Non-conviction records are limited to seven years under the FCRA for employment screening. Oregon has a strong ban-the-box law that covers all private employers statewide. Under ORS 659A.360, employers cannot ask about criminal history or require disclosure of criminal records until after the initial interview — or, if there is no interview, until after making a conditional offer of employment. This is one of the stronger timing protections in the country, giving applicants a meaningful opportunity to make an impression before their criminal history enters the picture. Oregon does not have a Clean Slate law providing automatic sealing of records. However, the state has significantly expanded expungement eligibility in recent years. Under ORS 137.225, individuals can petition for expungement of many convictions, including some Class C felonies and most misdemeanors, after meeting waiting periods. Oregon's Second Look law (ORS 144.228) also allows individuals serving certain lengthy sentences to petition for resentencing after serving half their sentence, offering a pathway to earlier release and eventual record clearing.

How Far Back Does a Background Check Go in Oregon?

Record Type	Rule in Oregon
Felony Convictions	No time limit. Felony convictions may appear on background checks regardless of age. Certain Class C felonies and some Class B felonies may be eligible for expungement by petition.
Misdemeanor Convictions	No time limit. Misdemeanor convictions can be reported indefinitely. Most misdemeanors are eligible for expungement by petition after meeting waiting period requirements.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules. Oregon's expanded expungement law may allow eligible convictions to be cleared by petition.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment reports. Oregon allows expungement of arrests that did not lead to conviction.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

Yes — covers private employers

Oregon's ban-the-box law (ORS 659A.360) applies to all employers statewide, including private employers. Employers cannot ask about criminal history, require disclosure of criminal records, or conduct a criminal background check until after the initial interview. If there is no interview for the position, the employer must wait until after making a conditional offer of employment. Exceptions exist for positions where criminal background checks are required by law, law enforcement, and certain other specified positions. Violations can be addressed through the Oregon Bureau of Labor and Industries.

Effective: 2016

Clean Slate / Auto-Sealing

No Clean Slate law

Oregon does not have a Clean Slate law providing automatic sealing or expungement of criminal records. However, Oregon has significantly expanded expungement eligibility through amendments to ORS 137.225. Eligible offenses include most Class C felonies, most misdemeanors, and certain other offenses after meeting waiting periods (typically 3 years for misdemeanors and 5-10 years for felonies, depending on the offense). Recent expansions have made more offenses eligible and reduced some waiting periods. The process requires filing a petition with the court. Oregon's Second Look law (ORS 144.228) also allows resentencing for some crimes, providing another pathway toward a fresh start.

What Employers Can Do in Oregon

When can employers ask about criminal history?: Employers cannot ask about criminal history until after the initial interview. If there is no interview for the position, the employer must wait until after making a conditional offer of employment. This applies to all employers, including private employers.
What can they consider?: After the interview or conditional offer, employers may consider criminal history in employment decisions. Oregon law does not specifically require an individualized assessment, but the timing protection ensures applicants have an opportunity to present themselves before their record is considered. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Oregon

Oregon Ban-the-Box Law (ORS 659A.360)(2016)
Prohibits all employers, including private employers, from asking about criminal history or conducting background checks until after the initial interview, or after a conditional offer if there is no interview. One of the stronger ban-the-box laws in the country.
Oregon Expungement Law (ORS 137.225)(1971)
Oregon's petition-based expungement statute, significantly expanded in recent years. Allows expungement of eligible convictions including most Class C felonies and misdemeanors after meeting waiting periods. The process requires filing a petition and court approval.
Oregon Second Look Law (ORS 144.228)(2020)
Allows individuals serving certain lengthy prison sentences to petition for resentencing after serving half their term. Provides a pathway to earlier release for people who have demonstrated rehabilitation during incarceration.
Fair Credit Reporting Act (FCRA)(1970)
Federal law providing baseline background check reporting rules. In Oregon, the FCRA serves as the default for reporting time limits since Oregon does not impose a state-level lookback limit on convictions.

Frequently Asked Questions — Oregon

How far back does a background check go in Oregon?: Oregon does not impose a state-level time limit on reporting criminal convictions. Under the federal FCRA, convictions can appear on your background check indefinitely. Non-conviction records are limited to 7 years. However, if your record has been expunged through Oregon's petition process, expunged records should not appear on standard background checks.
When can an Oregon employer ask about my criminal history?: Under Oregon's ban-the-box law (ORS 659A.360), no employer — including private employers — can ask about criminal history until after the initial interview. If there is no interview for the position, the employer must wait until after making a conditional offer of employment. This gives you the chance to make an impression and discuss your qualifications before your record enters the conversation.
Can I get my record expunged in Oregon?: Oregon has significantly expanded expungement eligibility in recent years. Under ORS 137.225, most misdemeanors and many Class C felonies are now eligible for expungement by petition after meeting waiting periods (typically 3 years for misdemeanors and 5-10 years for felonies). Some Class B felonies may also qualify. You must file a petition with the court. Contact Legal Aid Services of Oregon for free help determining your eligibility.
Does Oregon have a Clean Slate law?: No. Oregon does not have a Clean Slate law that automatically seals or expunges criminal records. All record clearing in Oregon requires filing a petition with the court. However, Oregon's expanded expungement eligibility means more people can clear their records than ever before, even though the process is not automatic.
What is Oregon's Second Look law?: Oregon's Second Look law (ORS 144.228) allows individuals serving certain lengthy prison sentences to petition for resentencing after serving half their sentence. If the court finds that continued incarceration is not necessary, it can modify the sentence. This provides a pathway to earlier release for people who have demonstrated meaningful rehabilitation during their time in prison.
Does Oregon's ban-the-box law apply to all jobs?: Oregon's ban-the-box law applies to all employers, including private employers. However, there are exceptions for positions where a criminal background check is specifically required by federal, state, or local law; law enforcement positions; and certain other specified roles. For most jobs, the employer must wait until after the initial interview to ask about criminal history.
Will an expunged record show up on a background check in Oregon?: No. Once a record is expunged in Oregon, it is sealed from public access and should not appear on standard employment background checks. You can legally deny the existence of the expunged offense when asked by employers. If an expunged record appears on a background check, it is likely reported in error, and you have the right to dispute it.
How long is the waiting period for expungement in Oregon?: Waiting periods vary by offense type. For most misdemeanors, the waiting period is 3 years from the date of conviction or release, whichever is later. For Class C felonies, it is typically 5 years. For some eligible Class B felonies, it may be 10 years or more. You must have no subsequent convictions during the waiting period. Contact a legal aid organization for specifics about your situation.

Oregon Resources

Legal Aid Services of Oregon
Provides free legal assistance to low-income Oregon residents, including help with expungement petitions and understanding criminal record rights.
Oregon Bureau of Labor and Industries (BOLI)
State agency enforcing Oregon's employment laws, including the ban-the-box law. You can file a complaint if an employer asks about criminal history before the initial interview.
Oregon Judicial Department — Expungement Information
Official court system resource with expungement forms, instructions, and information about the petition process in Oregon.
Metropolitan Public Defender — Record Clearing
Portland-based public defender office that offers record clearing assistance and clinics to help people navigate the expungement process.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Oregon for advice about your specific situation. Information was last verified on 2026-04-01.

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