DCBS criminal background check FAQ

Why do I need to have a criminal background check done?

DCBS has had authority under an Oregon Administrative Rule, OAR 440-07 since September 2008 and most recently, under the DAS OAR 125-07 to give us authority to conduct fingerprint-based criminal background checks through the FBI.

How will I know if the position I am applying for requires a criminal background check?

All positions at DCBS are subject to a fingerprint-based criminal background check. The recruiting announcement will include a statement that: employment will be contingent upon the passing of a fingerprint-based criminal background check. Conviction of a crime will not automatically disqualify an individual from being considered for employment.

How much time will it take for me to get my fingerprints taken?

It will only take a few minutes to fill out the request form. You will receive an email with instructions on how to make an appointment (no waiting in line) at a location convenient to you and have the fingerprints taken which are sent electronically to the Oregon State Police.

Where do I go to get my fingerprints taken?

Our vendor has several locations around the state (and nationally). You will receive email instructions on how to make an appointment at a location convenient for you.

Who does the criminal background check?

All criminal background checks are run by the Oregon State Police, ID Services Section in Salem, Oregon. They have access to all state and federal records.

It says in the announcement that conviction of a crime will not automatically disqualify an individual from being considered for employment. What does that mean?

A conviction of any felony or misdemeanor will be evaluated using the criteria described in OAR 125-007 and ORS 181A. The criteria includes: nature of the crime, passage of time since the commission of the crime, and the relevancy of the criminal conviction history to the specific requirements of the position.

Will I need to pay for the fingerprinting and criminal background check?

No. Fingerprints and criminal background checks conducted for employment will be paid for by DCBS.

How often will employees/applicants need to have their fingerprints taken?

If a person is hired for a position, has their fingerprints taken and a criminal background check run and then applies for a promotional opportunity or job rotation, DCBS does not require that it be done again if the criminal background check was completed within 12 months of the last position change. If the criminal background check was completed after the 12 month period of time, new fingerprints and another criminal background check is required. You will be notified by the hiring division if you need to have fingerprints taken again.

Who will see the criminal record information?

There are three individuals in Human Resources that will review criminal records and conduct fitness determinations. If necessary, the division administrator or deputy administrator may also be involved in the fitness determination. No other managers or employees will be given any information regarding the criminal background check or criminal record.

I am currently a DCBS employee. How will the criminal background check process affect me?

All employees employed by the department as of the effective date of PER-26 are grandfathered into their current positions without a criminal background check. However, all employees who apply for a promotion, transfer, or voluntary demotion to another position will be required to complete a criminal background check. Also, any job rotation into a different position for longer than ten days will require a criminal background check.

What happens to my fingerprints after the criminal background check is conducted?

Fingerprints are electronically submitted to the Oregon State Police by the vendor, Fieldprint, but are maintained for 6 months. After that period of time, they are destroyed. All other criminal background check related information, including request forms, and criminal records, will be destroyed within 90 days of the approval date of the final selected candidate, final disposition, or closure of any appeal.

Will I be notified of the outcome of the criminal background check?

You will not receive notification if you are determined to be fit for the position, but you will receive a certified letter if through the fitness determination, it is determined that you are not fit for the position applied/hired for. The letter will include information on how to contest the outcome.

If I disagree with the background check outcome, what can I do?

A candidate or employee who is determined not fit is entitled to challenge the fitness determination. To do so, they must request a contested case hearing in writing, which must be received by the department’s Employee Services office within 10 working days from the date on the fitness determination notice or the postmark date, whichever is later. Employees who wish to challenge the fitness determination can review the procedures outlined in DCBS Policy PER-26, Criminal Background Checks.

If I think the criminal record information is incorrect, what can I do?

DCBS has no jurisdiction over allegations that the criminal history information received from Oregon State Police (OSP), the Federal Bureau of Investigations (FBI), or other entities is inaccurate, incomplete, or maintained in violation of any federal or state law. The employee must make any such challenge directly to the reporting agency. Any challenge will be done at the employee’s own expense.

Questions:

503-378-3200
dcbs.recruiting@oregon.gov