Background Check Error Lawsuits in Oregon

Oregon has stronger background check rules than most states. Under ORS 659A.360, public and private employers may not require an applicant to disclose a criminal conviction on the application or before the initial interview. If there is no interview, they must wait until a conditional offer. Exceptions apply to law enforcement, criminal justice employers, volunteers, and jobs where law requires a criminal history check. Portland goes further. Its Removing Barriers to Employment ordinance (City Code Chapter 23.10) generally bars criminal history questions and background checks until after a conditional offer.

Oregon also limits credit checks for jobs. Under ORS 659A.320, employers generally may not obtain or use credit history to make employment decisions. Exceptions include positions where credit history is substantially job-related, and the Bureau of Labor and Industries enforces the law. People with older records may ask a court to set aside convictions and arrests under ORS 137.225.

Oregon tenant screening rules are detailed. ORS 90.303 limits what criminal history a landlord may consider. Arrests that did not lead to a conviction generally may not be counted, and convictions count only in listed categories such as drug, person, sex and fraud crimes. Landlords also may not consider dismissed eviction cases, cases the tenant won, or eviction judgments five or more years old. Under ORS 90.304, a landlord who denies an application must give written reasons within 14 days, including the name and address of any screening company whose report was used. An applicant may recover $100 if the landlord does not comply.

Where Oregon FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Oregon are heard in one federal district:

District of OregonCourthouses: Portland, Eugene, Medford, Pendleton.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Oregon laws that add to the FCRA

Criminal convictions in hiring (ORS 659A.360)
Employers may not exclude an applicant from an initial interview solely because of a past conviction, and may not require disclosure on the application or before the interview. Exceptions apply to law enforcement, criminal justice employers, volunteers and legally required checks. Read it
Credit history in employment (ORS 659A.320)
Generally bars employers from obtaining or using an applicant's or employee's credit history in employment decisions, with exceptions such as jobs where credit history is substantially job-related. Read it
Landlord screening limits (ORS 90.303)
Limits a landlord's use of arrests, convictions and pending charges to listed categories of crimes, and bars considering dismissed eviction cases, cases won by the applicant, and eviction judgments five or more years old. Read it
Written statement of reasons for denial (ORS 90.304)
A landlord who denies an application must give written reasons within 14 days, including the name and address of any screening or credit reporting company whose report was used. An applicant may recover $100 for noncompliance. Read it
Portland Removing Barriers to Employment (Portland City Code ch. 23.10)
Generally bars most Portland employers from asking about criminal history or running a background check until after a conditional job offer, and requires an individualized assessment for some convictions. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can an Oregon landlord deny me because of an old eviction?

Under ORS 90.303, a landlord may not consider an eviction case that was dismissed or that you won, or an eviction judgment entered five or more years before your application. If a screening report shows one of those cases, or shows a case you won as an eviction, you can dispute it with the screening company and may have an FCRA claim.

Does an Oregon landlord have to tell me why I was denied?

Yes. Under ORS 90.304, the landlord must send written reasons within 14 days, including the name and address of any screening company whose report was used. You can then request your file from that company and dispute errors.

Can an Oregon employer run a credit check on me?

Usually not. ORS 659A.320 generally bars employers from obtaining or using credit history in employment decisions, with some exceptions, such as jobs where credit history is substantially job-related. Complaints can be filed with the Bureau of Labor and Industries.

How long do I have to file an FCRA lawsuit in Oregon?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.