It depends on the position you applied for. This is because different federal and state laws apply to different kinds of jobs.
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. See below for details.
Potentially disqualifying convictions (PDQ)
Below are the potentially disqualifying convictions and abuse history that might keep you from being hired, depending on the position you applied for. You could be disqualified for 5 years, 10 years or permanently.
For providers, including homecare workers, long-term care facility volunteers and staff, adult foster home providers, and providers for individuals with developmental disability or with mental health disorders:
For providers, including employees, volunteers, and child foster home associated with child caring agencies (CCA):
For ODHS and OHA employees and volunteers, including certain contractors:
For some positions, we do a weighing test to decide if you can be hired even if you have one or more convictions. If you disagree with the decision, you may be able to appeal.
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 position 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 support specialists, who work in licensed residential facilities.
- All paid alcohol and drug treatment providers who work in licensed residential facilities.
does not cover nursing facilities, hospitals or any non-paid positions such as volunteers or adult foster home household members.