Texas Background Check Laws for Employers (2026 Guide)
Texas employers must follow a mix of state and federal screening rules. This guide explains each Texas background check law in plain language.
First, you will learn the seven-year reporting rule and its $75,000 exception. Next, we cover ban-the-box status, DPS records, driving histories, and industry mandates.
Texas Background Check Laws at a Glance
Texas has no single employment screening statute. Instead, several state codes work alongside the federal Fair Credit Reporting Act (FCRA).
The table below lists each law, what it does, and the agency or entity that administers it.
| Statute or Regulation | What It Does | Administered By |
|---|---|---|
| Tex. Bus. & Com. Code Ch. 20 (§ 20.05) | State consumer reporting law. Limits how far back a background report may reach. | Texas Attorney General, Consumer Protection Division |
| Tex. Gov’t Code Ch. 411, Subch. F | Controls access to DPS criminal history record information. | Texas Department of Public Safety (DPS) |
| Tex. Gov’t Code § 411.0851 | Requires screening firms to destroy expunged and nondisclosed records. | Private civil suits in Texas courts |
| Tex. Civ. Prac. & Rem. Code § 142.002 | Limits negligent hiring suits based on an employee’s conviction. | Texas state courts |
| Tex. Transp. Code Ch. 730 & Ch. 521 | Controls who may obtain driver records and the personal data inside them. | DPS Driver License Division |
| Tex. Labor Code Ch. 21 | Bans employment discrimination, including policies with a disparate impact. | Texas Workforce Commission, Civil Rights Division |
| Texas Regulatory Consistency Act (HB 2127) | Preempts local labor ordinances, including Austin’s fair chance hiring rules. | Texas Legislature; enforced through the courts |
| Fair Credit Reporting Act (15 U.S.C. § 1681) | Sets federal disclosure, consent, and adverse action rules. | Federal Trade Commission and CFPB |
Does Texas Have Its Own Version of the FCRA?
Yes. Texas Business and Commerce Code Chapter 20 serves as the state’s consumer reporting law. It regulates consumer reporting agencies, including screening firms like BCS Background Screening LLC.
Section 20.05 sets the time limits for report content. Meanwhile, Section 20.12 treats any Chapter 20 violation as a deceptive trade practice. As a result, the Texas Attorney General’s Consumer Protection Division can enforce it under the Deceptive Trade Practices Act.
Chapter 20 does not replace the federal FCRA, however. Texas employers must still complete every federal step. For a plain-English overview, read the FTC and EEOC joint guide, Background Checks: What Employers Need to Know.
Four FCRA Steps Every Texas Employer Must Follow
- 1
Disclose
Give the applicant a clear written disclosure in a standalone document. Do this before you order any report.
- 2
Authorize
Get the applicant’s written permission. Electronic signatures work when you capture them properly.
- 3
Pre-Adverse Action
Send a copy of the report and the CFPB Summary of Rights. Then allow the applicant time to respond.
- 4
Adverse Action
Send a final notice with the agency’s contact details and dispute rights. State that the agency did not make the decision.
How Far Back Can a Background Check Go in Texas?
Texas limits how far back a consumer report may reach. Under Tex. Bus. & Com. Code § 20.05(a)(4), a screening agency may not report arrests, indictments, or convictions older than seven years. The clock starts at the date of disposition, release, or parole.
However, § 20.05(b) lifts that limit for jobs paying $75,000 or more per year. Federal law draws the same salary line in 15 U.S.C. § 1681c. Notably, the FCRA caps only non-conviction records at seven years.
Texas reporting limit for arrests, indictments, and convictions in most employment reports.
Salary exception. Screening firms may report older records for these positions.
DPS public conviction data under Gov’t Code § 411.135 carries no age cutoff.
Some screening firms argue the FCRA preempts § 20.05 because Texas adopted it after 1996. Texas courts have not settled that question. For that reason, most Texas reports still apply the seven-year rule below $75,000. The Texas State Law Library tracks these rules.
Expunged and Nondisclosed Records
Expunged records and records under an order of nondisclosure must stay out of hiring decisions. Tex. Gov’t Code § 411.0851 requires private screening firms to destroy these records once notified. Firms that fail to comply face civil damages, court costs, and attorney’s fees.
Does Texas Have a Ban-the-Box Law?
No. Texas has no statewide ban-the-box law for private employers. Private employers may still ask about criminal history on a job application.
Several websites claim HB 2466 created a statewide rule in 2025. In reality, that bill died in committee after its March 2025 referral. You can confirm its status on LegiScan.
What Happened to Austin’s Fair Chance Hiring Ordinance?
Austin adopted its Fair Chance Hiring Ordinance in 2016 as City Code Chapter 4-15. It barred criminal history questions before a conditional offer for employers with 15 or more workers. The city’s Office of Civil Rights administered it.
Then the Texas Regulatory Consistency Act (HB 2127) took effect on September 1, 2023. Employment lawyers widely view it as preempting Austin’s ordinance. In July 2025, the Third Court of Appeals reversed a ruling that struck the law down. The Texas Tribune covered that decision.
Even so, anti-discrimination rules still apply. The EEOC’s 2012 enforcement guidance urges an individualized assessment of each record. Likewise, the Texas Workforce Commission Civil Rights Division enforces Labor Code Chapter 21.
Texas DPS Criminal History Records for Employers
The Texas Department of Public Safety maintains the state’s Computerized Criminal History (CCH) system. Texas Government Code Chapter 411, Subchapter F, controls who may access that data.
Under § 411.135, any person may obtain DPS conviction and deferred adjudication records. The DPS Conviction Name Search covers Class B misdemeanors and higher offenses. Additionally, certain employers named in Subchapter F receive broader, fingerprint-based access.
Keep in mind that DPS data depends on county reporting. Some dispositions arrive late or never reach the state. Therefore, pair a statewide search with county court searches for key hires.
Texas Negligent Hiring Protection: CPRC § 142.002
Texas gives employers a valuable shield against negligent hiring suits. Tex. Civ. Prac. & Rem. Code § 142.002 bars most claims based solely on an employee’s criminal conviction. Lawmakers added this protection through HB 1188 in 2013, as Proskauer Rose LLP explained.
The shield has limits, though. An employer may still face liability if it knew, or should have known, about a conviction for:
- An offense committed while doing substantially similar duties
- An offense listed in Code of Criminal Procedure Article 42A.054
- A sexually violent offense under Article 62.001
Moreover, the statute does not protect employers in misuse-of-funds cases tied to earlier fraud convictions. In short, a documented background check shows exactly what you knew at hire.
Texas Driving Record Laws for Employers
The Motor Vehicle Records Disclosure Act, Transportation Code Chapter 730, protects personal data in driver records. Section 730.007 lets employers verify the license and driving history of employees and contractors. It also lets consumer reporting agencies obtain records for FCRA purposes.
The DPS Driver License Division issues these records under Transportation Code Chapter 521. Record types range from a basic status check to a full abstract, as the DPS driver record page shows. Because a screening firm’s MVR is a consumer report, FCRA disclosure and consent still apply.
For commercial drivers, federal rules add more steps. Under 49 CFR § 391.23, motor carriers must request three years of driving records from each licensing state. They must do so within 30 days of hire. The Federal Motor Carrier Safety Administration (FMCSA) enforces that rule.
Texas Industry-Specific Background Check Requirements
Several Texas industries face extra screening mandates. Each law below adds duties on top of the FCRA.
Healthcare and Long-Term Care
Health & Safety Code Ch. 250
Covered facilities must run criminal history checks before hiring direct-care staff. Section 250.006 lists permanent and five-year employment bars. Employers must also check the Employee Misconduct Registry.
Agency: Texas Health and Human Services Commission
Schools and Charter Schools
Education Code § 22.083
Districts and open-enrollment charter schools must obtain criminal history for employees. Records may come from DPS or an FCRA-compliant screening firm.
Agency: Texas Education Agency
In-Home Service and Residential Delivery
Civ. Prac. & Rem. Code Ch. 145
Companies must check workers whose duties include entering a customer’s home. They may use DPS records, a private vendor, or a verified state license.
Enforced through civil lawsuits in Texas courts
Licensed Occupations
Occupations Code Ch. 53
Licensing authorities may deny or revoke licenses for offenses that relate directly to an occupation’s duties.
Agency: Each state licensing authority, such as TDLR
Motor Carriers and CDL Drivers
49 CFR Part 391
Carriers need MVRs from every licensing state plus prior-employer safety history checks for new drivers.
Agency: Federal Motor Carrier Safety Administration
Public Conviction Records
Gov’t Code § 411.135
Any person may obtain DPS conviction and deferred adjudication data, plus sex offender registry information.
Agency: Texas Department of Public Safety
Texas Employment Screening Services
BCS Background Screening LLC builds FCRA-compliant searches for Texas employers. Choose a single search, or bundle several into one package.
Texas Statewide Criminal Search
DPS conviction records for felonies and misdemeanors, returned in 24 hours or less.
County Criminal Court Search
Direct court research in any of Texas’s 254 counties, with a seven-year standard scope.
Federal Criminal Search
U.S. District Court records for fraud, drug trafficking, and other federal crimes.
Nationwide Background Check
SSN trace, multistate criminal database, sex offender registries, and government watchlists.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions.
Mobile Applicant Self-Screen
Text or email a secure link. Applicants then e-sign the FCRA disclosure from any phone.
Texas Background Check Compliance Checklist
Use this checklist before you screen your next Texas applicant.
- Give a standalone FCRA disclosure and get written consent.
- Apply the seven-year limit for jobs paying under $75,000.
- Exclude expunged and nondisclosed records from every decision.
- Avoid blanket bans and assess each record individually.
- Send pre-adverse and adverse action notices in order.
- Order MVRs only for a Chapter 730 permitted purpose.
- Check industry registries, such as the HHSC Employee Misconduct Registry.
- Store reports securely and destroy them properly when done.
Texas Employment Screening Laws: FAQs for Employers
Does Texas have its own version of the Fair Credit Reporting Act?
Yes. Texas Business and Commerce Code Chapter 20 is the state’s consumer reporting law. It regulates screening firms and limits how old report records may be.
Under § 20.12, any violation counts as a deceptive trade practice. Consequently, the Texas Attorney General’s Consumer Protection Division can enforce it. Employers must still follow the federal FCRA, too.
How far back can a criminal background check go in Texas?
Tex. Bus. & Com. Code § 20.05(a)(4) bars screening firms from reporting criminal records older than seven years. The period runs from disposition, release, or parole.
However, § 20.05(b) removes that limit for jobs paying $75,000 or more. The Texas Attorney General enforces Chapter 20. Direct DPS conviction searches under Gov’t Code § 411.135 have no age cutoff.
Does Texas have a ban-the-box law for private employers?
No. Texas has no statewide ban-the-box law. HB 2466, a 2025 proposal, died in committee.
Many employment lawyers consider Austin’s Fair Chance Hiring Ordinance (City Code Chapter 4-15) preempted. The reason is HB 2127, the Texas Regulatory Consistency Act. Still, the Texas Workforce Commission Civil Rights Division enforces Labor Code Chapter 21 against discriminatory screening.
Can Texas employers use expunged or nondisclosed criminal records?
No. Tex. Gov’t Code § 411.0851 requires private screening firms to destroy expunged and nondisclosed records once notified. Expunctions fall under Code of Criminal Procedure Chapter 55A.
Nondisclosure orders fall under Gov’t Code Chapter 411, Subchapter E-1. DPS maintains the underlying records, and harmed individuals may sue violators for damages.
Are Texas employers liable for negligent hiring of workers with criminal records?
Usually not. Tex. Civ. Prac. & Rem. Code § 142.002 bars most negligent hiring suits based only on an employee’s conviction. Texas courts apply this statute.
Exceptions exist for similar-duty offenses, Article 42A.054 offenses, and sexually violent offenses the employer knew or should have known about.
What law governs driving record checks for Texas employers?
Transportation Code Chapter 730, the Motor Vehicle Records Disclosure Act, controls access to driver records. Section 730.007 permits employers to verify employee driving histories.
The DPS Driver License Division issues records under Chapter 521. For CDL drivers, FMCSA rule 49 CFR § 391.23 also requires three-year records from every licensing state.
Which Texas industries must run criminal background checks?
Healthcare and long-term care facilities must screen staff under Health & Safety Code Chapter 250, administered by HHSC. Schools must screen under Education Code § 22.083, overseen by the Texas Education Agency.
In addition, in-home service companies must screen under Civ. Prac. & Rem. Code Chapter 145. Licensing authorities also review convictions under Occupations Code Chapter 53.
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Disclaimer: This page offers general information, not legal advice. Texas and federal screening laws change often. Please consult a qualified Texas employment attorney before you act. Last reviewed September 2026.