Background Check in Texas: Your Preparation Guide

Richard Grey - November 22, 2024

Background checks in Texas can be nerve-wracking, as passing a background check can be an essential part of obtaining a job in the state. However, submitting a background check in Texas doesn’t need to be as overwhelming and stressful as you might think. 

Properly preparing for background checks in Texas and understanding your rights in the state can help make the background check process smoother and ensure that hiring practices are fair.

Our article gives you all of the details you need to know about background checks in Texas, including the general process for submitting a background check report.

What Is a Background Check in Texas?

A background check in Texas refers to a state-level background check that looks at a person’s history and criminal records. 

Generally, Texas background checks will only look at a person’s history within the state of Texas. A separate federal or out-of-state background check may need to be conducted to find additional history. Most of the time, background checks are associated with pre-hiring screening processes.

What Is Shown on a Texas Background Check?

Texas background checks show many important items about someone’s personal history and criminal records. All of these details are typically necessary to give the person requesting your background check report a complete look into your history.

Items that are found on Texas background check reports include the following:

• Criminal records and criminal history details
• Arrest records
• Civil court records
• Driving records, in some circumstances
• Employment history
• Educational history
• Professional licenses or certifications, if applicable
• Identification history, such as your full name and contact details

Keep in mind that certain types of background checks may need to be requested in order to access more in-depth information, such as driving reports and arrest records. The person requesting your background check report will communicate to you if an in-depth background check is needed and what you can expect to be shown on this type of report.

Why Would I Need a Background Check in Texas?

There are a few different reasons why you may need to submit a background check report in Texas. 

The most common reason why background check reports are requested is as part of a pre-hiring screening. Employers usually review applicants to make sure they have the proper skill set and experience for the job they are applying for, but background check reports can also be used to review references. 

In certain fields, these checks ensure that an individual doesn’t have a criminal history that will disqualify them from the specific job or career field they are applying for.

Other common reasons why a background check report might be requested from you include applications to housing and applications to professional education or licensing programs. In these cases, background check reports are used to confirm someone’s identity, check references, and review potential criminal convictions.

Does Texas Have Any Specific Background Check Laws?

Texas does not have any specific background check laws surrounding background check disclosures. This includes the lookback period for background checks and anti-discrimination for those with criminal records who are looking for employment. 

The state follows along with federal laws for the most part, though some counties may have specific regulations and rules for individuals requesting background checks.

Generally speaking, Texas background check laws state that individuals must have their rights communicated to them before a background check report is carried out. Furthermore, written consent for the background check must be obtained. 

Employers and other individuals in Texas carrying out background checks must follow the Fair Credit Reporting Act (FCRA). You are required to receive a notice of ‘adverse action’ if you have failed a background check. This allows you to contest the findings of the background check and provide more details.

Research county laws and make sure you understand the hiring practices of any employer that requests a background check. This way, you can rest assured that your rights are being upheld during the Texas background check process.

What Is the Background Check Process in Texas?

It’s important to understand the background check process in Texas if you want to be properly prepared the next time a background check is requested from you. Below, we give you an overview of the general steps that an employer must follow when requesting a background check.

1. Before a background check can be conducted, you must provide written consent for this process to the requester, whether they are an employer or a housing manager. You must also be provided with a copy of your rights under the FCRA.
2. After you have consented to the background check, this report will be gathered; processing times vary based on the checking service used and how in-depth the report needs to be.
3. The requester of your background check report will review it, and they may check your references or confirm your identity at this step.
4. If you pass the background check, the person requesting it will move you to the next step of the hiring or application process. You may be given a copy of your background check report.
5. If you are at risk of failing the background check, the person requesting your report must provide you with a copy of your report and a notice of adverse action. This allows you time to contest the findings of the report or to provide additional context.

If you are at risk of failing a background check, it’s important that you double-check your background check rights. Follow adverse action notice procedures to ensure you are given a fair chance at hiring or application approval. You can still be hired or approved even after being given an adverse action notice.

How Far Back Does a Texas Background Check Look?

There are no specific laws in Texas that limit how far back a background check can look into your personal and criminal history. Federal laws typically limit the look-back period to around 7 years’ worth of history, but certain criminal convictions may be indefinitely included on the background check report. 

Other in-depth Texas background checks or background checks for government entities may look at between 10 and 20 years’ worth of history. The person requesting your background check will inform you of how far back into your history the report will be looking.

How Long Will My Texas Background Check Take?

A background check in Texas can take anywhere from a few business days up to a week or more. Factors that can influence the length of your background check include criminal history details and issues with confirming your identity. Delays with any third-party background check service used may also add to this processing time. 

In general, individuals with more extensive criminal and civil court histories will need to wait longer for their background check report to be completed.

Can I Keep My Criminal Records Hidden From a Background Check?

Most of the time, it is not possible to hide your criminal record from a background check. This is because criminal records are part of the public record in Texas, and any individual can access criminal records that are held by state and county courthouses. 

However, you may qualify for certain legal processes that can hide your criminal records from the public’s view, such as sealing or expungement.

When your criminal records are sealed, they are hidden from the public’s eye, though certain court officials and law enforcement officials may still be able to access these records. With expungement, the criminal records are completely removed from your record, and you will be given a clean slate. Only certain criminal convictions are eligible for either of these processes in Texas, and you will need a legal professional to help you navigate this process.

How Do You Fail a Background Check?

Failing a background check is fairly subjective, as many individuals and companies have different standards for what counts as a disqualifying item on your background check report. In general, significant criminal offenses, especially violent or sexual offenses, can cause you to fail a background check or to not be qualified for certain career fields.

Alternatively, if the background check is being conducted for a housing program, a history of civil court issues dealing with evictions can also cause you to fail your background check. It’s important to speak with the person requesting your background check report to understand what they are looking for in terms of passing a background check.

If you have any concerns about your background check report, you can always obtain a copy of your own report and review it for any errors or inconsistencies. Making sure to review your own report ahead of time can help you properly prepare for your next background check.

Understanding the Background Check in Texas

The background check process in Texas may seem confusing at first, but you don’t need to be overwhelmed if a background check is requested from you. Texas has fairly straightforward laws regarding the background check process, and you can check with federal and state-level laws to ensure that you understand your background check rights. 

If you have any additional questions about your Texas background check, you should speak with the employer or person requesting your report to learn more about your next steps.