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Criminal background checks in Texas are important for making decisions about employment, housing, and licensing.
These checks provide details about a candidate’s criminal history and other relevant information.
Texas background checks involve reviewing criminal history information along with their professional and personal records.
Both local criminal justice agencies and the Texas Department of Public Safety (DPS) play key roles in gathering and sharing this information.
In this article, we will talk about Texas background checks, providing insights into everything from criminal history checks to the role of local criminal justice agencies.
Who Can Access Criminal History Information in Texas?
Both state and federal laws regulate access to criminal background checks in Texas. Depending on their needs, different organizations and individuals may request these checks for various purposes.
Employers and Landlords
Employers and landlords are the most common users of criminal background checks. They request these checks to make decisions about employment and housing.
Employers often use background checks to verify a candidate’s criminal history and other records before making an offer.
In housing, landlords check applicants’ backgrounds to assess if they pose any risk to the community.
In Texas, cities like Austin have ban-the-box laws, which delay the point at which employers can inquire about criminal history.
Government Agencies
Various government agencies, both at the state and federal levels, also request criminal background checks.
Agencies conducting security clearances or issuing licenses, such as for healthcare workers or childcare providers, require these checks.
Some federal agencies may also perform more extensive checks for positions requiring a higher level of trust and security clearance.
Licensing and Certification Boards
Certain professions in Texas, including law enforcement, education, and healthcare, require licensure or certification.
These boards require applicants to pass criminal background checks before receiving their licenses.
This applies to many professions where public trust and safety are important.
For example, individuals applying for a medical license in Harris County or a teaching certificate in Bexar County must submit to a Texas state background check as part of the certification process.
Individuals Requesting Their Own Background Check
In Texas, individuals have the right to request their own criminal background check.
This helps them understand what information employers, landlords, or other organizations might see.
Individuals may choose to do this before applying for jobs or housing, especially if they are unsure about their own criminal records.
Accessing their own background report allows individuals to check for errors or outdated information.
What Shows Up on a Criminal Background Check in Texas?
A criminal background check in Texas provides detailed information about a person’s criminal history.
This check reviews various records from both local and state sources. Employers and landlords use this data to make decisions about a person’s eligibility for a job, rental property, or professional license.
Criminal History Search
The criminal history search is the center of any criminal background check. It reveals information about past convictions, pending cases, and arrests.
The search may also include deferred adjudication cases, depending on the nature of the check.
For example, a search in Harris County or Tarrant County will show local criminal records, while a Texas state background check will include statewide data.
This background check report helps employers and landlords assess the applicant’s background based on the legal records available.
Employment Verification
Employment verification confirms the accuracy of a person’s past employment claims. Employers check job titles, dates of employment, and reasons for leaving.
This helps them assess whether the candidate’s reported work history matches their actual experience.
Gaps in employment or misrepresented job roles may affect the hiring decision. Companies often use this information to evaluate the applicant’s work reliability.
Education Verification
This part of the background check confirms that the applicant holds the degrees or certifications they claim. Employers verify the institutions attended, the dates, and the qualifications received.
Education verification is important in roles requiring specific academic credentials. Texas employers often require this step to confirm whether a candidate meets job qualifications.
Motor Vehicle Records
Employers will review the candidate’s motor vehicle records for positions involving driving. These records show any driving violations, license suspensions, or accidents.
Companies use this data to know whether the applicant is suitable for jobs that involve operating vehicles.
Public Records
Public records provide additional information that could influence employment or housing decisions. This includes tax liens, civil judgments, and bankruptcy filings.
Employers and landlords use public records to get a full picture of a candidate’s financial background and legal history. These records are often accessed from county resources or government agencies.
How Far Back Does a Criminal Background Check Go in Texas?
The length of time covered by a criminal background check in Texas depends on the type of record being searched.
Different categories of records follow different reporting rules, with some remaining on file indefinitely and others being limited to a certain number of years.
General Employment Background Checks
For most jobs, Texas background checks cover the last seven years of a person’s history.
This period applies to general employment checks and includes details like criminal convictions, tax liens, and civil judgments.
Employers usually focus on this timeframe to review an applicant’s recent activities. However, certain crimes or legal issues may remain on file longer, depending on their severity.
Special Cases
Some specific positions or industries require background checks that look further back in time.
For example, Texas companies hiring in-home service providers or delivery drivers who enter people’s homes must conduct criminal background checks going back 20 years for felony records.
Misdemeanor checks for these jobs over the last ten years. In addition, juvenile records may be included if the person was tried as an adult, but juvenile offenses are usually sealed after a certain period.
Felony Convictions and Bankruptcy Records
Felony convictions can be reported indefinitely in Texas. This means they may appear in a criminal background check regardless of how old the conviction is.
Bankruptcy records, on the other hand, have a reporting limit of 10 years. This information helps employers assess long-term patterns in an individual’s financial and legal behavior.
How Long Does a Criminal Background Check Take in Texas?
The time it takes to complete a criminal background check in Texas depends on the method used and the type of records being searched.
While some checks are processed quickly, others may take longer due to manual searches or delays in record availability.
State-Level Criminal Background Checks
State-level checks, including those conducted by the Texas Department of Public Safety, typically take 1 to 3 business days.
This timeframe covers standard searches for criminal history across the state.
The use of electronic systems helps speed up the process of accessing criminal history record information from state databases.
County-Level Background Checks
For county-level background checks, the processing time varies based on the specific county and the availability of records.
Counties like El Paso County, Harris County, and Travis County may offer quicker turnaround times if their records are fully digitized.
However, some counties, particularly those relying on manual searches, may take longer.
The time to complete a check can be extended when records are not updated or need to be verified manually.
Special Requests and Delays
In some cases, special requests for more detailed background checks, such as fingerprint-based checks or searches for older records, can extend the processing time.
Additionally, delays may occur when requesting records from multiple counties, especially if those counties are smaller or less connected to statewide systems.
Local Criminal Justice Agencies in Texas Background Checks
Local criminal justice agencies in Texas play an important role in managing and providing access to criminal records.
Tarrant County and other counties have these agencies working closely with state authorities to maintain accurate records of criminal history information.
County-Level Record Keeping
Each county in Texas, including Harris County, Tarrant County, and Bexar County, maintains its own database of criminal history record information.
These databases hold details about arrests, criminal convictions, and ongoing legal cases.
The county courts and sheriff’s offices manage these records, which can be accessed by authorized parties, including employers conducting pre-employment background checks.
For example, an employer in Travis County may request records from the local criminal justice system to check an applicant’s history.
The request may involve contacting the county clerk or using online systems, depending on the county’s resources.
Collaboration with the Texas Department of Public Safety
While local agencies handle county-level records, they also collaborate with the Texas Department of Public Safety for statewide background checks.
The DPS oversees the central repository for criminal records in Texas.
Local agencies regularly update the DPS with new records from their jurisdictions. This collaboration helps build a comprehensive profile when conducting state-level criminal background checks.
Accessing Records from Local Agencies
In some cases, employers and individuals may need to contact local agencies directly to obtain specific records.
Some counties, like El Paso County and Fort Bend County, offer digital access to criminal records, while others require formal written requests or visits to the county offices.
The process can vary based on the size of the county and the methods used to store and maintain records.
Texas Background Check Laws and Regulations
Texas background checks are governed by a combination of Texas law and federal laws.
Employers, landlords, and other organizations must comply with these regulations to conduct legal and fair criminal background checks.
Federal and State Laws
At the federal level, the Fair Credit Reporting Act (FCRA) sets guidelines for how employers and other entities use criminal history information.
Under the FCRA, employers must provide written notice and obtain consent before conducting a background check.
If adverse action is taken based on the background check report, the employer must notify the individual and provide a copy of the report. This allows the person to correct any errors or dispute the findings.
Texas also follows specific statewide fair hiring restrictions. While there are no state laws preventing the use of criminal background checks in employment decisions, Texas employers must still comply with federal laws and local ordinances.
Ban the Box Laws in Texas
Ban the box laws aim to reduce discrimination against individuals with a criminal history. In Texas, certain cities have already started adopting these laws.
Some cities, like Austin, have adopted ban the box laws, which prevent employers from asking about criminal history at the start of the hiring process.
These laws prevent employers from asking about an applicant’s criminal history until later in the hiring process.
It gives candidates a fair chance to be evaluated based on their qualifications. Private employers and federal contractors in affected areas must follow these regulations to remain compliant.
Working with Local Jurisdictions
Each local jurisdiction in Texas, including Bexar County, Dallas County, and Harris County, maintains its own records and policies for background checks.
Employers conducting checks across multiple counties must follow the rules of each jurisdiction.
Accessing records from local criminal justice agencies in these counties may require additional steps, such as contacting county clerks or requesting records through specific government channels.
The process can vary, depending on whether the records are digitized or stored manually.
Best Practices for Conducting a Texas Background Check
When conducting a Texas background check, employers must follow specific guidelines and processes to stay compliant with state and federal laws.
Implementing clear policies and training staff can help prevent errors during the background check process.
1. Developing a Thorough Background Check Policy
Employers should create a policy that outlines the steps for conducting criminal background checks.
This policy should cover the types of checks to be performed, such as criminal history searches, employment verification, and education verification.
The policy must also include procedures for handling adverse action. This includes notifying candidates when information from the background check will affect their application.
The policy should detail how to handle specific cases, such as criminal convictions or deferred adjudication records.
Employers may choose to set limits on the types of offenses that disqualify applicants or define how far back they review an applicant’s history.
These decisions should comply with applicable federal and state laws.
2. Training HR Staff
HR staff must understand the laws and processes involved in background screening. Training should focus on compliance with both Texas law and federal laws, such as the FCRA.
Staff must know when to request background checks and how to handle criminal history information.
This includes knowing when to provide notices to candidates and how to follow legal procedures for adverse actions.
Companies with clear guidelines can reduce the chances of errors or legal disputes.
Regular updates to training can also help keep staff informed of changes in state or federal regulations. This includes any local ban-the-box laws that may apply to the company.
3. Maintaining Compliance with Background Check Laws
Maintaining compliance with Texas background check laws requires attention to detail.
Employers must follow the steps outlined in their background check policies and make sure that they follow local regulations, such as ban-the-box laws in cities like Austin or county-specific regulations in Dallas County and Harris County.
Understanding these local differences helps reduce the risk of mistakes during the screening process.
Employers should work with trusted background screening providers who have experience with Texas state background checks. This reduces the chances of errors in accessing records or handling legal notices.
Make the Winning Hire With Stellar Background Checks
Stellar Background Checks helps companies make the winning hire with our comprehensive background check services.
We prioritize speed, accuracy, and compliance when generating background check reports to ensure you make confident hiring decisions. Onboard top-tier talent quickly by filling out this form or contacting us at 1-800-301-4140.
FAQs About Criminal Background Checks in Texas
Can I get a copy of my Texas criminal background check?
Yes, individuals in Texas can request a copy of their own criminal background check. This helps review the information that employers or landlords might see. Individuals can obtain their background check through the Texas Department of Public Safety or a third-party background screening service.
Will a DUI show up on a criminal background check in Texas?
A DUI conviction will appear on a criminal background check in Texas. DUIs are typically classified as misdemeanors or felonies, depending on the circumstances. They remain part of a person’s criminal records and may affect employment opportunities, particularly for jobs requiring driving responsibilities.
How do I dispute incorrect information on my criminal background check?
To dispute incorrect information, contact the background check provider and submit a formal dispute. Provide evidence that supports the claim of incorrect or outdated information. The provider must investigate the dispute and correct any verified errors.
