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An Employer’s Guide to Texas Background Checks

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Posted by: David Garcia February 03, 2025

Employers may conduct various checks on potential hires during the screening process. Background checks are often used during the hiring process to help employers evaluate candidates’ qualifications and eligibility for a position.

Background checks provide information about an individual’s history, such as criminal records, past employers, education, and more. These screenings help verify information and gain insight into a candidate’s history.

Before pre-employment screenings, employers must understand how they work and what regulations apply. This guide covers the essentials of Texas background checks: the details they provide, how extensive they are, how long they take, and the regulations employers must be wary of.

What Is a Texas Background Check?

A Texas background check is a screening process that employers conduct to verify an applicant’s identity and investigate relevant information for the position. These checks are comprehensive examinations of an individual’s history, including but not limited to criminal, educational, and employment history.

HR departments most frequently utilize background checks, but anyone who wishes to learn more about someone and verify their history can conduct one. Employers often work with third parties to perform these searches. There are several reasons why employers may choose to implement a background check program.

Several employers implement background checks during the standard onboarding process. Companies use these searches to verify and investigate an applicant’s history to make informed hiring decisions. They confirm a candidate’s qualifications for a role and offer valuable insight past what appears on a resume or application.

Companies commonly conduct background checks on managerial candidates. Managers carry a higher level of responsibility, so these checks may be stricter than those for entry-level employees.

Individuals applying to caring professions are also typically screened. EMS personnel, first responders, caregivers, and other similar positions work with vulnerable populations, such as children and elderly adults.

These applicants must be screened thoroughly to ensure the safety of their patients and clients. Standard screenings include a background check, criminal history check, credit check, and more applicable to the position.

Background checks ensure a safe and productive environment, mitigate risk, and protect a company’s reputation. Choosing the appropriate search types for certain positions is essential to finding the most qualified candidates.

What Does a Texas Background Check Show?

The information shown on a Texas background check depends on the types of checks that an employer requests. Common searches include criminal history, education verification, employment verification, driving records, professional license verification, and sex offender registry checks.

  • Criminal History: A criminal history search reveals an applicant’s criminal convictions or pending criminal cases. Results will show the offense date, type of offense, and severity of the offense. Employers can use this information to decide whether an applicant is right for the position.
  • Civil Court Checks: Civil court checks are conducted to search for lawsuits, foreclosures, restraining orders, and other civil matters relevant to the position. Employers conducting these types of searches typically fill financial and managerial roles.
  • Credit Background Check: Credit background checks investigate an applicant’s credit history, such as payment history, accounts in collections, and bankruptcies. Employers typically use these searches for jobs that require financial responsibility.
  • Employment Verification: Employment verification confirms the information an applicant provided regarding their past employment is accurate. Results show the past employer’s name, address, contact information, employment dates, and job positions held. This information can reveal gaps in employment and omitted employers and help employers see if the applicant has been honest.
  • Education Verification: Education verification confirms the information an applicant provided regarding their education is accurate. These checks show the applicant’s past schools, including each institution’s name, address, contact information, dates of attendance, and any diplomas, degrees, or certificates awarded. This verification confirms whether applicants have been honest about their education and if they are qualified for the position.
  • Identity Verification: Identity verification confirms an applicant’s name, address, social security number, and date of birth. With identity theft becoming more prevalent, identity verification ensures candidates are who they say they are. Employers use these searches to check if a candidate used a stolen identity to apply.
  • SSN Trace: A Social Security number (SSN) trace shows the date and state the SSN was issued, all names and addresses associated with the SSN, and whether it is valid. Employers can verify that the number belongs to the applicant.
  • Professional License Verification: Professional license verification is used for jobs requiring a professional license. This search type reveals the issue date, license type, expiration date, and license validity. Employers ensure candidates are qualified and avoid negligent hiring claims by verifying an applicant’s professional license.
  • Sex Offender Registry Search: A sex offender registry search shows if the applicant is currently registered as a sex offender. Sex offender registry checks disclose an applicant’s aliases, address, state of conviction, and distinguishing marks. These searches may be necessary for jobs where the applicant will have contact with vulnerable populations.
  • Pre-Employment Drug Test: Many employers implement a pre-employment drug test program to maintain a drug-free workplace. Most screenings are 5-panel drug tests that detect amphetamines, cocaine, opiates, PCP, and THC in the applicant’s urine. Drug screenings show an applicant’s recent drug use and not if they have used substances in the past or will in the future.
  • Motor Vehicle Records Check: Motor Vehicle Records (MVR) checks are used by employers that hire people to operate vehicles. MVR checks reveal all the information on the applicant’s driver’s license, traffic violations and crimes, and any points or suspensions. These checks allow employers to verify the applicant’s driving record to ensure they have the proper license and are qualified and insurable.
  • Social Media Checks: While not traditionally a part of background checks, social media checks can give a greater picture of a candidate. Job applications highlight the top qualities of an applicant. A more relaxed view of them on social media can reveal their behavior.

How Far Back Do Background Checks Go In Texas?

Under Texas law, criminal background checks go up to seven years into an applicant’s history for the following records: arrests, collection accounts, civil lawsuits, civil judgments, indictments, and paid tax liens. However, there are some exceptions.

Under Tex. Bus. & Com. Code § 20.05, the seven-year window is only applicable if the position’s annual salary does not exceed $75,000. If the salary exceeds $75,000, the employer can evaluate records from when the applicant turned eighteen. Employers can look back at any time for employment, education, or professional license information.

Records of bankruptcies can go back ten years. Texas motor vehicle record reports typically go back three years. The seven-year rule also applies when an employer partners with a third party to conduct background checks, as consumer reporting agencies are subject to federal and state regulations.

Courts typically seal minors’ criminal histories, and some records can be sealed through non-disclosure orders. Employers will likely not see criminal convictions incurred before the applicant turns eighteen.

Employers who come across sealed records are advised not to consider them when deciding who to hire. Even when able, employers often choose not to go further than seven years in the past to avoid making decisions on something that happened several years ago.

How Long Does a Texas Background Check Take?

The time it takes for a background check to return results depends on the extent of the search and the type of information requested. Standard background checks can take a matter of hours to a couple of days.

Running background checks on your own can be very time-consuming. Reaching out to past employers, searching county court records, and submitting requests to government agencies can weigh heavily on your HR team.

A Texas state criminal background check typically takes one to three business days to process. County checks vary by jurisdiction and can take longer if records are not digitized. Civil court searches generally take seven to ten business days to process.

Motor vehicle records are usually available within one business day, while employment and education verifications can take one to five business days. Access to digital records can reduce turnaround times, while working with government agencies by mail can increase them.

Employers can partner with a consumer reporting agency (CRA) to streamline the background check process. ScoutLogic’s extensive background check program ensures efficient and accurate vetting services.

Texas Background Check Laws & Requirements

Some Texas employers are required by law to implement background checks, while others conduct them to make informed hiring decisions. Regardless of intent, Texas employers must follow several rules and regulations to maintain legal compliance.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law enforced by the Federal Trade Commission (FTC). It applies to background check providers that collect and report information for employment background checks and protects consumer privacy in the information collected by consumer reporting agencies (CRAs).

Under the FCRA, CRAs cannot report arrests with no convictions, liens, judgments, civil lawsuits, or bankruptcies to jobs paying less than $75,000 annually if they are seven or more years old. These protections do not apply to positions paying more than $75,000.

The FCRA does not restrict CRAs from reporting other essential background information regarding an applicant. Texas employers partnering with a CRA to conduct background checks must comply with regulations under the FCRA.

Employers must notify the applicant in writing of their intent to conduct a background check and obtain their consent. The FCRA also governs what employers should do with negative information on an applicant’s background check.

Before an employer can refuse to hire a candidate based on background check findings, they must complete the adverse action steps and provide the applicant with a copy of their FCRA rights.

Title VII of the 1964 Civil Rights Act

Title VII of the 1964 Civil Rights Act of 1964 states that employers cannot discriminate against applicants based on their race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and guides employers through handling arrest and conviction information obtained by background checks.

Under the EEOC’s guidance, employers must assess a criminal record individually and compare it to the position’s duties before refusing to hire an applicant based on background check information.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act prohibits federal agencies and contractors from asking about criminal history on applications. This federal ban-the-box law does not allow covered employers to inquire about an applicant’s criminal history until they have made a conditional employment offer.

Employers hiring for positions requiring criminal history checks under federal or state law are exempted.

Texas Regulatory Consistency Act

The Texas Regulatory Consistency Act (TRCA) preempted many local laws, including ban-the-box laws, fair chance hiring policies, and other labor laws under Labor Code Section 1.005.

The TRCA targets laws that provide workers more rights than state law provides or require employers to take additional steps not required under state law. Under the TRCA, local governments cannot pass laws that extend past state law rights.

Texas employers are advised to ask about a candidate’s criminal history after making a conditional employment offer.

Texas Business and Commerce Code § 20.05

Like the FCRA, Texas Business and Commerce Code § 20.05 limits how far back a background check can go for certain records and sets a time limit for when CRAs can report that information.

Under this law, CRAs cannot report the following to jobs with annual salaries less than $75,000 after seven years: civil lawsuits, civil judgments, arrests, indictments, paid tax liens, and medical collections if the individual had insurance when the debt was incurred.

Convictions are also limited to seven-year lookback periods but are preempted by federal law, and bankruptcies cannot be reported after ten years.

These restrictions do not apply to jobs offering salaries above $75,000 or when an employer is filling a position in the insurance industry when failing to report the information would violate 18 U.S. Code § 1033.

Expunction or Non-Disclosure

Individuals in Texas can go through expunction or non-disclosure orders to clean up their criminal records. 

Expunction is limited to the following records under the Texas Code of Criminal Procedure § 55.01:

  • Conviction for unlawfully carrying weapons before September 1, 2021
  • Completion of a sentence to deferred adjudication for a Class C misdemeanor
  • Dismissal or acquittal of other misdemeanor or felony charges

Waiting periods before someone can apply for expunction vary:

  • Class C misdemeanor completion of adjudication – 180 days
  • Class A and B misdemeanors – 12 months
  • Felonies – 3 years

Individuals can seek to seal their other criminal records with a non-disclosure order under Texas Government Code § 411.074. First-time, nonviolent misdemeanors resolved through deferred adjudication are eligible for automatic non-disclosure orders after six months.

Individuals must petition the court for a non-disclosure order for other offenses. The records affected by an expunction or non-disclosure order are no longer reported on background checks. Applicants can also deny being convicted of an offense. If a background check yields sealed or expunged records, this information should not be used when considering candidates for a job.

Frequently Asked Questions

What Is the Texas 7-Year Rule?

Under Tex. Bus. & Com. Code § 20.05, consumer reporting agencies cannot report certain records to jobs with annual salaries less than $75,000 until after seven years. Records include civil lawsuits, judgments, arrests, indictments, paid tax liens, and medical collections. These restrictions don’t apply to positions offering annual salaries above $75,000.

Final Thoughts

Background check regulations and compliance guidelines can be overwhelming. Working with a qualified consumer reporting agency can ensure the efficient delivery of high-quality information on each of your candidates. Working with a CRA also ensures compliance and regulations are followed.

Streamline the background screening process using ScoutLogic’s services.Our background check program covers your every need to ensure you have the information to find top candidates and maintain compliance. Request a quote today or explore our background check services.

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