Texas Background Checks

In Texas, employers often use background checks to evaluate a candidate’s eligibility and qualifications for a role. Though Texas doesn’t have statewide fair hiring restrictions, following federal guidelines and best practices can help you get the information you need while maintaining a fair and compliant hiring process. Keep reading to learn more about Texas background checks.

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What Is A Texas Background Check?

A Texas background check searches public records and other data sources to gather information about a candidate or employee, such as the individual’s criminal history, driving record, or employment and education history. Employers often conduct background checks in Texas before bringing job candidates or volunteers onboard; some may also conduct routine background screenings for current employees. 

For example, employers in Texas may require background checks for certain jobs, such as fingerprint-based criminal background checks for public school employees and Texas Department of Family and Protective Services workers and volunteers. These screenings help ensure the safety and security of children and vulnerable Texans.

How To Conduct Background Checks In Texas

Employers can choose to conduct their own state of Texas background check for employment or partner with a consumer reporting agency (CRA), like GoodHire. Using a DIY approach can be time-consuming and typically involves contacting law enforcement agencies and courthouses or manually searching databases and court records. Other types of screenings, like education verification or checking professional references, may also require a more hands-on approach.

Working with a qualified background check provider, like GoodHire, helps reduce the workload for busy HR teams and mitigate risk for potential compliance issues. GoodHire’s easy-to-use online platform with automated workflows streamlines the process and provides fast, accurate results.

What Shows Up On A Texas Background Check?

What shows up on a Texas background check depends upon the type of searches conducted; federal, state, and local laws regulating background checks; and the employer’s background screening policy.

Here are common state of Texas background checks and what may be reported:

• Criminal background checks may show misdemeanor and felony convictions, arrest records, and pending criminal cases.
• Driving record (MVR) checks may show license type and status, suspensions, revocations, and motor vehicle-related offenses and convictions, like DUIs.
• Employment verification reports a candidate’s prior employment, including positions held and dates of employment.
• Education verification reports schools attended, dates of attendance and any credentials or degrees the candidate earned.  
• Credit checks for employment may show open credit lines, payment history, accounts in collections, and public information including bankruptcies or tax liens. These searches are often used for managerial roles or jobs handling money.
• Drug testing can identify current or past use of certain prescription and illicit substances or alcohol.

Texas Background Check Laws

Under the Texas Business & Commerce Code (§ 20.05), a consumer reporting agency generally may not report an arrest, indictment, or conviction whose date of disposition, release, or parole is more than seven years old – stricter than the federal FCRA, which sets no time limit on reporting convictions. Bankruptcies older than 10 years, and civil suits, judgments, or tax liens older than 7 years, also generally may not be reported. These limits do not apply (§ 20.05(b)) when the report is used for employment at an annual salary of $75,000 or more, a credit transaction of $150,000 or more, or life insurance of $150,000 or more.

Texas has no statewide “ban-the-box” law and no salary-history ban for private employers. The Texas Regulatory Consistency Act (HB 2127, effective September 1, 2023) added Labor Code § 1.005, which bars cities and counties from regulating hiring practices more strictly than state law – this preempted local measures such as Austin’s Fair Chance Hiring Ordinance. Employers remain subject to the federal FCRA and EEOC guidance.

Texas law also lets many records be cleared. An expunction (Code of Criminal Procedure Ch. 55A, formerly Art. 55.01) destroys eligible arrest records, and an order of nondisclosure (Gov’t Code § 411.081) seals a record from public and most employer view – so a compliant report should not include expunged or sealed records.

Texas Background Check FAQs

How far back does a Texas background check go?

Generally seven years. Texas Bus. & Com. Code § 20.05 bars reporting arrests, indictments, or convictions older than seven years (measured from the date of disposition, release, or parole) – unless the job pays $75,000 or more a year, or the report is for a credit transaction or life-insurance policy of $150,000 or more.

Does Texas have a ban-the-box law?

No. Texas has no statewide ban-the-box law, and since HB 2127 (the Texas Regulatory Consistency Act, effective September 1, 2023) took effect, local ordinances like Austin’s Fair Chance Hiring Ordinance are preempted and unenforceable (Labor Code § 1.005).

Do Texas employers need consent to run a background check?

Yes. When an employer uses a background check company (a consumer reporting agency), the federal Fair Credit Reporting Act (FCRA) requires a clear, standalone disclosure and the candidate’s written authorization before the check is run – and a pre-adverse and adverse action process before denying someone based on the results.

How long does a Texas background check take?

It depends on the searches involved. Many results come back within a few business days, though county court records, employment or education verifications, and fingerprint-based checks can take longer depending on the source. A provider that sources records directly and automates the workflow is generally faster than a do-it-yourself approach.

Ready To Run Background Checks The Modern Way?

Texas background checks can help employers make informed hiring decisions while minimizing risk. Partnering with a qualified background check provider, like GoodHire, can streamline the process and deliver the results you need with speed, accuracy, and service. We offer 100+ screening options to meet the needs of businesses of all sizes, with a mobile-optimized platform and automated workflows to help make the background check process efficient for you and your candidates. Get started today.