CITY OF PORTLAND

HUMAN RESOURCES

ADMINISTRATIVE RULES

EMPLOYMENT

CRIMINAL HISTORY CHECKS

Criminal History Checks

In order to protect its interest and the well being of its employees and the public, the City of Portland will conduct criminal conviction checks on candidates selected for certain positions. The criminal history review is intended to identify persons who have demonstrated unsafe, threatening or illegal behaviors and assess their fitness for complying with job requirements.

A criminal conviction check will also be conducted for individuals who have disclosed potentially job-related convictions on the City application or during the interview, or who have been reported as potentially having job-related convictions by previous employers during the course of employment verification or reference check.

Individuals who do not disclose all required convictions when requested may be denied employment for falsification of the application or, if the omission is discovered after employment, may be subject to discipline up to and including termination.

Reviewing Conviction Records

No candidate will be denied a position because of arrests. Hiring authorities are only authorized to consider convictions. Possessing a criminal conviction will not necessarily bar an employee from hire with the City of Portland. When reviewing a conviction record, the hiring authority shall:

1.  evaluate the nature, gravity and frequency of the offense;

2.  consider the duties of the position the employee holds or is applying for;

3.  consider the age of the individual at the time of conviction;

4.  consider the time that has passed since the conviction;

5.  consider rehabilitation, if any;

6.  evaluate the employee’s entire work record or the applicant's work qualifications in total rather that only one aspect of individual’s history.

An applicant who is still on probation or parole may be denied employment based on the above facts. If a pre-employment arrest becomes a conviction after hire, it will be evaluated by the hiring authority.

Expunged Record

State law allows the removal of a person’s juvenile record after a hearing by the juvenile court. Records expunged in this manner may not be used to disqualify an individual from an employment opportunity. Once any expunction order has been issued, the individual’s record must be treated as if it never existed. An applicant who denies having a conviction record on an application form cannot be denied an appointment or later terminated for misrepresentation if the record has been legally expunged.

Procedure

Criminal conviction checks are the responsibility of the hiring authority. The hiring bureau is responsible for the cost of obtaining the criminal conviction check.

For positions requiring a criminal conviction check, candidates will be instructed to complete the Criminal History Records Request Form authorizing the City of Portland to conduct the conviction record check. The hiring authority will review the conviction record to determine job relatedness, using the factors listed above.

Employment Contingent on Results

If a bureau is conducting a criminal conviction check, the bureau may make a preliminary offer to the selected candidate, however, any offer must be conditional depending on the results of the conviction check.

Administrative Rule History

Adopted by Council March 6, 2002

Effective April 5, 2002