Key Takeaways
- Oregon limits criminal screening to 10 years — ORS 90.303(3) prohibits landlords from considering convictions older than 10 years from the date of sentencing
- Non-compliance carries penalties up to $1,000 per violation — plus potential tenant lawsuits for damages under Oregon’s Fair Housing Act (ORS 659C.065)
- Misdemeanors and felonies have different lookback rules — Oregon law applies the 10-year limit to both, but certain convictions may be excluded entirely
- You must document your screening criteria in writing — failure to maintain clear, consistent policies exposes you to discrimination claims
- Pending charges and arrests are not the same as convictions — you cannot screen based on arrest records alone; only final convictions count
- Sealed, expunged, or dismissed records are off-limits — considering these records in screening decisions violates state law and triggers liability
What Does Oregon Law Actually Say About Criminal Records Screening?
Oregon Revised Statute 90.303(3) is straightforward but frequently misunderstood by self-managing landlords. The statute reads:
“A landlord shall not consider any arrest record, conviction record or other criminal history of a prospective tenant or occupant in determining whether to enter into a tenancy unless … the prospective tenant or occupant was convicted of a felony or misdemeanor that involved … the prospective tenant or occupant committed not more than 10 years before the prospective tenant or occupant submits an application for tenancy.”
This means you cannot screen a tenant out solely because they have a criminal record. You can only consider convictions that occurred within the past 10 years. The 10-year clock starts from the date of sentencing, not from the date of arrest or conviction verdict.
The practical effect: If an applicant was convicted of a felony in 2014 and sentenced in 2015, by July 2026 (11 years later), that conviction is outside the lookback window and cannot be used in your screening decision.
The 10-Year Lookback Period: How to Calculate It Correctly
This is where landlords make costly mistakes. The statute uses “date of sentencing” as the trigger, not the date of arrest or even the conviction date.
Example Scenario 1: Felony Conviction
- Applicant arrested: January 2018
- Convicted: September 2019
- Sentenced: March 2020
- Today’s date: July 2026
- Result: 6 years and 4 months since sentencing. Within the 10-year lookback. You may consider this conviction in your screening.
Example Scenario 2: Misdemeanor Conviction
- Applicant arrested: June 2014
- Convicted: December 2014
- Sentenced: December 2014
- Today’s date: July 2026
- Result: 11 years and 7 months since sentencing. Outside the 10-year lookback. You cannot consider this conviction, even if it appears on their record.
Many landlords and screening companies still pull full criminal histories without applying the lookback filter. This creates liability. Oregon’s Bureau of Labor and Industries (BOLI) has enforcement authority over fair housing violations, and violations are treated as unfair or deceptive business practices under ORS 646.607.
What Types of Convictions Can You Screen For?
ORS 90.303(3) does not say you can screen for all crimes. It permits consideration only if the conviction:
- Is a felony or misdemeanor (not citations, arrests, or charges)
- Occurred within 10 years of sentencing
- Is directly relevant to the tenancy (implied by case law and agency guidance)
Oregon courts and housing advocates interpret “relevance” strictly. Convictions for violent crimes, property crimes, drug trafficking, or crimes involving fraud or dishonesty may be relevant to housing. Convictions unrelated to tenancy (e.g., a 5-year-old speeding ticket elevated to criminal misdemeanor in rare cases) may not be.
Critical distinction: The statute permits you to consider convictions, but it does not require you to deny housing based on them. You must still apply business judgment, consider rehabilitative factors, and avoid disparate impact discrimination.
What You Cannot Screen For Under ORS 90.303(3)
- Convictions older than 10 years from the date of sentencing
- Arrest records that did not result in conviction
- Pending criminal charges
- Sealed convictions (ORS 137.225)
- Expunged convictions (ORS 137.007)
- Dismissed charges
- Convictions that have been reversed on appeal
- Misdemeanor convictions for marijuana possession prior to July 1, 2015 (when recreational marijuana became legal)
Using any of these categories as a screening criterion creates statutory liability and potential liability under the Oregon Fair Housing Act (ORS 659C.065).
Sealed and Expunged Records: The Special Rule
Oregon allows certain criminal records to be sealed or expunged. Under ORS 137.225, a person convicted of a crime can petition to seal the record after a waiting period. Once sealed, the applicant has a legal right to answer “no” when asked about the conviction.
Your obligation: If an applicant discloses a conviction, then later provides evidence the record was sealed or expunged, you must treat it as if it never happened. Denying housing based on a sealed or expunged conviction violates ORS 90.303(3) and exposes you to damages.
Many screening companies still report sealed records. If you use a third-party screening service, verify in writing that they:
- Apply the 10-year lookback rule from date of sentencing
- Exclude sealed and expunged records
- Exclude arrests without convictions
- Exclude pending charges
You remain liable for information your screening vendor provides, even if you didn’t know it violated ORS 90.303(3).
Practical Compliance: How to Screen Tenants Legally
Step 1: Create a Written Screening Policy
Document your criminal records screening criteria before you show any units. Your policy should state:
- That you comply with ORS 90.303(3) and the 10-year lookback rule
- Which types of convictions you will consider (felonies, misdemeanors, or both)
- Whether you will conduct criminal background checks for all applicants or only certain applicants (ensure the latter is applied consistently and doesn’t discriminate)
- That you will not consider sealed, expunged, or dismissed records
- That you will not consider arrests without convictions
- The date you will use as your baseline (e.g., “as of the date of application”)
Why this matters: If a tenant challenges your denial, you’ll need to show your policy was applied consistently. Inconsistent application is evidence of discrimination.
Step 2: Use a Compliant Screening Service or DIY with Care
If you use a third-party screening company, request their compliance documentation. They should confirm in writing that their reports include:
- Only convictions within 10 years of sentencing (not arrest date or conviction date)
- Calculated from the exact date you run the report
- Exclusion of sealed, expunged, or dismissed records
- Exclusion of arrests without convictions
LeaseBase’s compliance engine flags discrepancies in screening reports and alerts you to records outside the lookback period so you don’t accidentally use them.
If you screen manually using public records, calculate the 10-year window yourself. Do not rely on the screening company’s calculation alone.
Step 3: Document Your Decision
If you deny tenancy based on criminal history, document:
- The specific conviction(s) you considered
- The date of sentencing
- The date you ran the background check
- Whether the conviction falls within the 10-year window
- Your business reason for denying (e.g., “felony conviction for residential burglary within 5 years creates unacceptable risk to other tenants’ safety and property”)
Do not document vague reasons like “criminal history” or “bad background.” Specificity protects you in litigation.
Step 4: Provide Notice of Denial (If Applicable)
Oregon does not have a specific statute requiring notice of denial based on criminal records screening results, but fair housing best practices and federal guidance under the Fair Credit Reporting Act (FCRA) suggest providing notice if you use a third-party screening service. Your notice should disclose:
- That a background check was conducted
- The name and contact information of the screening company
- That the applicant has a right to dispute the accuracy of the report
If you deny based on information in the report, follow FCRA requirements by providing a copy of the report and notice of the applicant’s rights.
Common Compliance Mistakes and Penalties
Mistake #1: Using Convictions Older Than 10 Years
What happens: Tenant files complaint with Oregon BOLI alleging discrimination based on criminal history. BOLI investigates and finds you considered a 2013 conviction in 2026.
Penalty: Up to $1,000 per violation under ORS 646.607. If the investigation finds pattern of discrimination (e.g., you rejected three applicants with old convictions), penalties multiply. Additional liability under ORS 659C.065 for actual damages (lost housing), attorney fees, and civil penalties up to $5,000.
Mistake #2: Screening Based on Arrest Records
What happens: Applicant has arrest for felony drug possession in 2024, charges were dismissed in 2025. You deny based on the arrest. Applicant provides evidence dismissal letter.
Penalty: Tenant can sue for damages under ORS 659C.065. Oregon courts have awarded damages for lost housing opportunity, emotional distress, and attorney fees.
Mistake #3: Using a Screening Service That Doesn’t Filter Properly
What happens: You use a national screening company. Their report includes a 2012 conviction from Oregon. You deny applicant. Applicant sues and names both you and the screening company.
Penalty: You are liable. The fact that you relied on a vendor does not shield you. Oregon courts hold landlords responsible for the accuracy of information used in tenant decisions. You should have verified the report applied the 10-year lookback rule. Damages include actual damages, attorney fees, and potentially punitive damages if the violation was knowing or reckless.
Mistake #4: Inconsistent Application of Criminal Records Policy
What happens: You deny applicant A for a felony within the 10-year window but approve applicant B with a similar conviction. Applicant A has documentation showing you applied different standards.
Penalty: Inconsistency is evidence of discrimination. BOLI may investigate whether the denial was based on protected class status (race, color, national origin, disability, etc.). Oregon enforces both ORS 90.303(3) and ORS 659C.065 (Fair Housing Act). Penalties range from $1,000 to $10,000+ depending on damages found.
Recent Law Changes and Agency Guidance (2024–2026)
As of July 2026, Oregon has not amended ORS 90.303(3) since its adoption, but enforcement has intensified. The Oregon Bureau of Labor and Industries has prioritized housing discrimination complaints involving criminal records screening, particularly as they intersect with race and national origin discrimination.
Key enforcement trend: Regulators are scrutinizing whether landlords apply criminal records screening equally across protected classes. For example, if you screen white applicants’ convictions strictly but overlook convictions of applicants of color, you’ve engaged in disparate treatment discrimination. Be prepared to show your policy was applied uniformly.
Additionally, some local jurisdictions (e.g., Portland) have local ordinances that may impose stricter limitations than state law. Always check local rules; local ordinances preempt state law if they’re more protective.
Building a Compliant Screening Process: Checklist
| Compliance Task | Requirement | Deadline / Frequency |
|---|---|---|
| Create written screening policy | Document criteria for all tenants; include 10-year lookback rule | Before screening first applicant |
| Verify screening vendor compliance | Request written confirmation vendor applies 10-year lookback from sentencing date | Upon contract; annually review |
| Run background check | Use vendor or manual public records search; verify lookback calculation | Upon application |
| Calculate 10-year window | Use date of sentencing (not arrest or conviction date); confirm within 10 years of application date | For each conviction found |
| Document screening decision | Record specific conviction(s), sentencing date, relevance to tenancy, approval or denial reason | Upon approval or denial |
| Provide notice (if using third-party vendor) | Disclose vendor name, contact info, applicant right to dispute accuracy (FCRA requirement) | Before or at time of denial |
| Review policy annually | Confirm consistent application; check for changes in local or state law | July of each year |
Can You Consider Convictions Beyond the 10-Year Window?
No. The statute is unambiguous. However, Oregon law does allow limited exceptions for crimes involving sex offenses or crimes against children. ORS 90.303(3) itself contains language permitting consideration of certain categories despite age, but only in specific circumstances defined by law. This exception is narrowly interpreted by Oregon courts and rarely applied in rental housing context.
If an applicant has a decades-old conviction for a serious crime: You cannot use it as grounds for denial under ORS 90.303(3). Your only option is to deny based on other legitimate, non-discriminatory reasons (e.g., insufficient income, poor credit, failure to pay prior rent).
Integration With Other Screening Factors
Criminal records screening is one piece of tenant evaluation. You must also consider:
- Income verification (typically 3x rent rule)
- Credit and rental history
- Employment status
- References from prior landlords
Do not allow a single negative factor to disqualify an applicant without considering the full picture. This is especially true for criminal records, where rehabilitation, time elapsed, and mitigating factors matter in fair housing analysis.
LeaseBase’s lease operations module helps you document and standardize your entire tenant evaluation process, ensuring consistency across all applicants.
Frequently Asked Questions
Q1: If an applicant discloses a conviction on their application, am I required to run a background check?
A: No. You may choose to run a background check or rely on self-disclosure. If you do run a check, you must apply ORS 90.303(3) fairly. However, if an applicant discloses a conviction and you approve them without verification, you cannot later deny based on a background check that contradicts their disclosure. Treat all applicants’ disclosures consistently.
Q2: What if an applicant tells me they have a conviction, but the background check shows it was sealed?
A: The applicant had a legal right to answer “no” to any conviction question. The sealed record is off-limits for your decision. If you deny based on a sealed conviction, you violate ORS 90.303(3). Treat the disclosure as non-existent and proceed with approval or denial based on other factors.
Q3: Can I deny a tenant because of pending criminal charges?
A: No. Pending charges are not convictions. ORS 90.303(3) applies only to final convictions. Denying based on pending charges exposes you to discrimination liability. Wait for resolution or deny based on other factors. (Note: If charges result in conviction, you can then apply ORS 90.303(3) to future applications.)
Q4: Does Oregon law allow me to deny tenancy based on conviction of a violent crime within the 10-year window?
A: Potentially, but only if you can articulate a legitimate business reason (e.g., “applicant convicted of assault poses unacceptable risk to safety of other tenants”). You must document this reason. However, you still must apply your policy consistently and ensure you’re not using violent crime convictions as a pretext for discrimination based on protected class status. Consider the applicant’s age at the time of conviction, time elapsed, evidence of rehabilitation, and circumstances surrounding the crime.
Q5: My screening company says they comply with Oregon law, but I’m not 100% sure. What should I do?
A: Request written confirmation in writing that their reports: (1) exclude convictions older than 10 years from date of sentencing; (2) calculate the 10-year window from your report date; (3) exclude sealed, expunged, and dismissed records; (4) exclude arrests without convictions. Ask for a sample report showing how they label sentencing dates. If they cannot provide this documentation, switch vendors. Your liability is non-delegable; you’re responsible for what information is used in your tenant decisions, regardless of vendor assurances.
Key Takeaway for Self-Managing Landlords
Oregon’s ORS 90.303(3) is not optional compliance. The 10-year lookback period, calculated from date of sentencing, is a hard-stop rule. Violations are treated as unfair or deceptive trade practices with statutory penalties up to $1,000 per violation, plus potential damages under the Oregon Fair Housing Act. Tenants can recover actual damages, attorney fees, and civil penalties up to $5,000.
The best protection is a documented, consistently applied screening policy that explicitly incorporates the 10-year lookback rule and excludes all categories of records outside the statute. Verify any third-party screening vendor in writing and do your own lookback calculation on every conviction discovered. Document your decision thoroughly and be prepared to explain your business reason if challenged.
If you manage 2–75 units, manual tracking of screening decisions across multiple properties and applicants creates risk. LeaseBase’s portfolio management tools centralize screening documentation and ensure consistent application of your policy across all properties. Automated compliance flagging alerts you before you make a costly mistake.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Oregon housing law is complex and enforcement is strict. When in doubt, seek counsel before denying tenancy based on criminal history.