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Frequently Asked Questions about Background Checks

Information for subject individuals

 Translations

​A subject individual (abbreviated "SI") is the person who is required to have a background check. ​See the Oregon laws and rules​ for background checks. 

A background check is a review of your criminal records. The check may also include history of abuse of a child or vulnerable person. Some checks do not need abuse history. For more information see:

  • "What convictions could keep me from being hired?"
  • "What kinds of abuse could keep me from being hired?"

We may nee​d fingerprints to complete your background check. See “Do I need to get fingerprinted?”

​After sending you a job offer, your employer will:

  • Create a background check application in ORCHARDS
  • Provide us with your email address so we can contact you

ORCHARDS will email you directi​ons and a link to their portal. In the portal, you will authorize the background check. You will also answer questions about your criminal, abuse, and out of state residential history.

If you are applying to volunteer, live in a foster home or work in homecare, the process is similar.

Before we can start your background check, we ask you to agree that we can check for any criminal or abuse history. This is called authorization.

We also ask you to provide details if you have any criminal or abuse history. This is called disclosure.

We understand that some people have criminal or abuse history, and we value the time you use to tell us your story. We know that discussing your history may be difficult. However, your honesty is very helpful so we can make an informed decision.

The first question you see asks for your authorization to do the background check. There is a link in the question that opens an authorization statement. This statement gives you details about your specific background check, including:

  • Our authority to run the background check
  • What is potentially disqualifying
  • How we make a decision (called a “fitness determination")
  • The possible outcomes of the background check

Example authorization statements

We do several types of background checks. Below are example authorization statements.​ NOTE: ​Some information, including what might be potentially disqualifying, is different depending on the type of job or placement you are being checked for.

Authorization statement for homecare workers or employment at an adult foster home or residential care facility:​

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Authorization statement for employment at a nursing facility, or volunteering for a facility:

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You only need to share criminal history that is potentially disqualifying. You may also need to share potentially disqualifying abuse.

To understand what a potentially disqualifying conviction or condition is, see:

  • “What convictions could keep me from being hired?”
  • “What kinds of abuse could keep me from being hired?”

Step-by-step training videos

The following videos have helpful details of what to include. Note: the email address mentioned in the video has changed. If you want to send us documents, email them to bcu.info@odhsoha.oregon.gov.

  • What to include in a criminal history or abuse history disclosure
  • How to complete the applicant authorization and disclosure questions​

    • Applicant disclosure portal

    You will make any criminal or abuse history disclosures through the Applicant disclosure p​​ortal​, called ORCHARDS. Note: ORCHARDS works best in the Microsoft Edge browser. Please do not use Internet Explorer. It does not work with ORCHARDS.

    • You will get an email from the Background Check Unit with instructions and a link to the website. The Background Check Unit, through ORCHARDS, contacts you directly to ensure any information you​ disclose is confidential and can't be seen by the hiring agency.
    • You will need your application number. This is listed in the email you receive. 
    • Gather any history, details and documents before you log in.
    • Check out the videos ​above ​for step-by-step instructions.​​

    Need help loggi​ng in?

    Didn't get an email?

    • Make sure your background check has been submitted by the agency where you are applying ​and that they used the right ​email address. 
    • Check your junk email. The email is sent by "bcu.orchards@orchards.odhsoha.oregon.gov." ​

    You will only get this email after the person who created the background check application clicks "Submit" in ORCHARDS.

    What you can do:

    • Make sure the the person who created the background check application has your correct email address and that your application was submitted. If they need to correct your email address in ORCHARDS, have them contact bcu.info@odhsoha.oregon.gov so we can resend the email.
    • Check your spam or junk email. The email comes from bcu.orchards@odhsoha.oregon.gov​.
    • If needed, you can do your authorization and disclosures without the email. You will need to get your application number from your local contact, then ​go to the Applicant Portal. 

    Your last name and date of birth must exactly match the way it was entered by the agency where you are applying or getting a recheck. It should exactly match the government photo identification you provided to the agency.​

    Here are some ideas:​

    • Make sure you don't have any extra spaces before or after your application number or last name.
    • If you have two last names, try the name with and without a hyphen (for example Smith-Jones; if that does not work, try SmithJones).
    • Verify the spelling of your last name with the person who submitted the background check. (This person is called the "qualified entity designee" or QED.)​
    • Email bcu.orchards@odhsoha.oregon.gov with the error and we can investigate.

    It depends. Some background checks always need fingerprints. Some only need fingerprints if certain criteria are met. Here are some examples for when we will ask for fingerprints:

    • Initial applications for child foster homes, some child caring agencies, and some applications associated with federal programs such as the Department of Justice, Office of Refugee Resettlement, or the National and Community Services Act.
    • Any criminal records check through a Clearinghouse agency​.
    • You have lived outside of Oregon for more than 60 days in the past 5 years.
    • There is any indication of criminal history, or we cannot confirm your identity through a name-based criminal records check.

    If we need fingerprints, the person who made or monitors your application will send you a letter with instructions. There are special codes for each background check, so make sure you use the letter for your current applica​tion.

    You will need to go to a fingerprint vendor, who will take your fingerprints. In most cases, the fingerprint vendor sends your fingerprint capture digitally for processing. If the vendor rolls your fingerprints onto a card, you need to mail them to the Background Check Unit.

    You have 21 calendar days from the date on your instructions letter to make and complete your appointment.

    It depends on the position you applied for. This is because different federal and state laws apply to different kinds of jobs.

    Criminal convictions

    Any criminal conviction could potentially be disqualifying, regardless of how long ago it happened. This includes felonies, misdemeanors, military crimes or international crimes. ​For some positions, we can do a weighing test to see if you can be hired even if you have a conviction. There are also some positions where you are automatically disqualified if you have certain​ convictions. Read on for details.

    Other criminal history

    Sometimes there is other criminal history that is potentially disqualifying. We may do a weighing test on pending charges or post-conviction events.

    Abuse history

    Most background checks include abuse checks. Your authorization statement will have details about whether you will have an abuse check. If you have an abuse finding against you, it could potentially be disqualifying. We can do a weighing test to if you have a finding or substantiation of abuse.

    Potentially dis​qualifying convictions and conditions(PDQs)

    Below are the potentially disqualifying convictions and abuse history that might keep you from being hired, depending on the position you applied for.​

    Many background checks show no potentially disqualifying convictions or conditions. If this is the case, the result is an approval. Your local contact should provide you with a copy of the clearance letter.

    Please note, BCU only does the background check. A background check alone does not guarantee employment or placement in a position.

    Weighing test

    For some positions, a weighing test can decide if you can be hired even if you have one or more convictions or abuse findings. If you disagree with the decision, you may​ be able to appeal.

    When weighing a background check ​application, we look at many factors. If your background check has something that is potentially disqualifying, you can learn more about what to share in the ORCHARDS portal by reviewing these documents:

    Automatic disqualification under ​State law ORS 443.004 ​to protect vulnerable people

    For some positions, you are automatically disqualified if you have certain convictions. There is no weighing test and you can't appeal the decision. This is because of State law ORS 443.004 that protects vulnerable people. Most convictions result in a permanent exclusion of the posi​tion you applied for, but there are some convictions that​ ​only disqualify you for a certain period of time.

    ORS 443.004 applies to certain jobs in Aging and People with Disabilities programs (APD), Developmental Disabilities programs (DD) and Behavioral Health programs (BH).

    Jobs covered by ORS 443.004 in APD and DD include:
    • Employees and contractors of residential facilities, including assisted living facilities, residential care facilities, residential treatment homes, residential treatment facilities and residential training facilities. Employees of staffing agencies, unless they work exclusively in nursing facilities.
    • Staff at adult foster homes including any licensed adult foster home for developmental disability, seniors or adults with physical disabilities.
    • Employees of in-home care agencies which are licensed through the Oregon Health Authority (OHA) and have contracts with ODHS to provide care to client of Aging and People with Disabilities programs.
    • Home care workers, Independent Choices providers, and personal care assistants.
    • Anyone employed or contracted by programs for individuals with developmental disabilities.
    Jobs covered by ORS 443.004 in BH include:
    • All paid mental health treatment providers, including peer suppo​rt specialists, who work in licensed residential facilities.
    • All paid alcohol and drug treatment providers who work in licensed residential facilities.

    ORS 443.004 does not cover nursing facilities, hospitals or any non-paid positions such as volunteers or adult foster home household members.

    Approved: You may be hired for the position you applied for. Please note an approval doesn't guarantee employment or placement. Your contact at the place you applied should give you a clearance letter.

    Approved with restrictions: You can only work with a specific client, work site or set of duties. You can appeal this decision in most cases. The Background Check Unit will mail a letter directly to you with details.

    Denial: You can’t be hired or placed in the position you applied for because of your criminal or abuse history. We consider many factors when making this determination, including details about your history, the information you provide, and how circumstances have changed since your criminal or abuse history. If you already started working, you must be dismissed right away. You may be able to appeal this decision, but you can’t work in the position during the appeal. The Background Check Unit will mail a letter directly to you with details.

    Ineligible: Under State law ORS 443.004, you can’t be hired for the position you applied for because of a specific conviction on your record. You can’t appeal this decision. There are also federal programs which might have mandatory exclusions. The Background Check Unit will mail a letter directly to you with details.​

    Case closed: You may get a notice that your case is closed if you don't complete the background check process or send us information that we requested. You can’t appeal this decision. If the position is still open, the local agency or office can submit a new background check application.

    How long a background check takes can vary, but there are certain deadlines to keep i​n mind:

    • The person who creates your application must click “Submit” within 7 calendar days of starting it.
    • You must complete the authorization and disclosure in ORCHARDS within 7 calendars days of getting an email to access the portal.
    • If the application needs a fingerprint-based criminal records check, ORCHARDS sends an email to the agency. The person monitoring your application must create the fingerprint letter with instructions within 7 calendar days.
    • You have 21 calendar days to complete a fingerprint appointment after receiving your instruction letter.

    If any of these deadlines pass, your background check application will close. The person who created your application must restart the process.

    Appeals and Hearings

    If you don't pass the background check, yo​u will get a letter in the mail with the following information:

    • The reason you didn't pass.
    • Whether or not you can appeal the decision.
    • If you can appeal, it will include the appeal process and deadline.​

    An appeal could result in an approval, restricted approval or denial. An approval or restricted approval does not guarantee you will be hired for the position you applied for.

    Hearing Request Form

    Keywords: These don't display on the front end. hearing form, hearings form, appeal form, appeals form, request a hearing,

    ​A recheck is the renewal background check for someone who already has an approved background check.

    Depending on your jo​b, your background check usually needs to be redone every 2 or 3 years.

    ​Some applicants for certain kinds of jobs can use a previous background check when they apply for other positions. This means you are already​ approved. When the new agency enters the background check application, they will see an approval right away. This is called portability. Learn about ​who can get ​portability.​

    No. The ORCHARDS background check system is not available to individuals. We run all our checks through an agency or facility.

    If you want to run a background check on yourself, visit the Oregon State Police website or the FBI website f​or information.

    Translations

    Frequently asked questions
    (Preguntas frecuentes)

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    Hearing request form
    (Solicitud de audiencia)

    EnglishEspañolاللغة العربية简体中文繁體中文РусскийSoomaaliTiếng Việt

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