Texas Background Check Laws for Employers (2026)
Texas gives employers more room than most states: no statewide ban-the-box law, no credit-check statute, and no salary-history ban. The rules that do bind you are the seven-year reporting limit in the Business and Commerce Code, the expunction and nondisclosure statutes, the federal FCRA, and Title VII.
This guide covers each rule, names the agency behind it, and explains what a Texas job application may ask. It also lists what changed in 2026, including the EEOC’s decision to rescind its arrest and conviction guidance.
Texas Background Check Laws at a Glance
Texas regulates the screening company more than the employer. Most of the rules below fall on the consumer reporting agency that prepares your report, so choosing a compliant provider does much of the work.
The table lists each rule, what it does, and the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Federal FCRA, 15 U.S.C. § 1681 et seq.; Tex. Bus. & Com. Code ch. 20 | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices. Chapter 20 mirrors the FCRA for screening companies operating in Texas. | Consumer Financial Protection Bureau; Federal Trade Commission; Texas Attorney General (Consumer Protection Division); private suits |
| State criminal records | Tex. Gov’t Code ch. 411; district and county court records | The DPS Crime Records Division holds the state criminal history repository. Criminal cases are filed in the district and county courts of the 254 counties, where records are public. | Texas Department of Public Safety, Crime Records Division; county and district clerks |
| Fair chance / ban the box | No statewide law; HB 2127 (Texas Regulatory Consistency Act, Sept. 1, 2023) | Employers may ask about convictions on the application. HB 2466 (2025) died in committee, and HB 2127 preempts Austin’s local fair-chance ordinance. | Texas Workforce Commission Civil Rights Division and U.S. EEOC enforce discrimination law |
| Sealed and expunged records | Tex. Code Crim. Proc. ch. 55A; Tex. Gov’t Code §§ 411.071–411.0775 | Expunged arrests are treated as if they never happened. Records under an order of nondisclosure are hidden from private employers, and the applicant may deny them. | District courts; Texas Department of Public Safety, Crime Records Division |
| Lookback | Tex. Bus. & Com. Code § 20.05 | Screening companies may not report arrests, indictments or convictions more than seven years after disposition, release or parole, unless the position pays $75,000 or more. | Texas Attorney General (Consumer Protection Division); private suits |
| Credit reports | No Texas statute; federal FCRA | No state restriction. FCRA consent and adverse-action rules apply to every employment credit report. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Salary history | No Texas ban; HB 2127 preempts local bans | Employers may ask about prior pay. The Equal Pay Act and Labor Code ch. 21 still bar pay decisions that track a protected trait. | Texas Workforce Commission Civil Rights Division; U.S. EEOC |
| Drug and marijuana testing | No Texas statute; Health & Safety Code ch. 487 (Compassionate Use Program) | No restriction on private-employer testing. The Compassionate Use Program gives low-THC cannabis patients no employment protection. | Texas Workforce Commission (model policies); U.S. DOT for regulated drivers |
| Application questions | Title VII, ADEA, ADA, INA (federal); Tex. Labor Code ch. 21 | No Texas inquiry statute. Federal law and the TCHRA bar questions that screen on sex, age, disability, religion, national origin or citizenship. | U.S. EEOC; Texas Workforce Commission Civil Rights Division; U.S. DOJ Immigrant and Employee Rights Section |
| E-Verify | Tex. Gov’t Code § 673.002; Executive Order RP-80 | E-Verify is mandatory for state agencies and state contractors. No mandate for other private employers; Form I-9 remains required for every hire. | Texas Workforce Commission; U.S. Citizenship and Immigration Services |
| Social media | No Texas statute | No law bars employers from requesting personal social-media credentials. The National Labor Relations Act still protects concerted activity in posts. | National Labor Relations Board |
| AI hiring tools | Tex. Bus. & Com. Code § 552.056 (TRAIGA), effective Jan. 1, 2026 | No AI system may be developed or deployed with the intent to unlawfully discriminate against a protected class. No bias-audit or candidate-notice duty for hiring tools, and no private right of action. | Texas Attorney General (exclusive enforcement, 60-day cure period) |
| Negligent hiring | Tex. Civ. Prac. & Rem. Code ch. 142 | An employer is not liable for hiring a person with a conviction solely because of that conviction, with exceptions for in-home work and certain violent and sexual offenses. | Texas courts (defense in civil suits) |
| In-home service and residential delivery | Tex. Civ. Prac. & Rem. Code ch. 145 | Companies must obtain criminal history from DPS or a private vendor before sending an employee into a customer’s home. A clean 20-year felony and 10-year misdemeanor check raises a presumption of no negligence. | Texas courts; Texas Department of Public Safety records |
| Licensed occupations | Tex. Occupations Code ch. 53 | A licensing authority may deny or revoke a license only for offenses that directly relate to the occupation, after weighing listed factors. | Texas licensing boards and agencies |
How the FCRA Applies to Texas Employers
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a Texas employer. The state rules on this page sit on top of it, never in place of it.
Texas adds one layer of its own. Chapter 20 of the Business and Commerce Code mirrors the federal statute for consumer reporting agencies operating in Texas, so a Texas screening company answers to both.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the disclosure free of liability waivers and extra language.
Written Authorization
Get written authorization before you order; electronic signatures are acceptable. Then match the search to the position and apply the same package to every candidate for the same job.
Pre-Adverse Action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights. Then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse Action Notice
If you proceed, send the final notice naming the screening company and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.
Where Texas Criminal Records Come From
DPS repository and county courts
The Texas Department of Public Safety Crime Records Division maintains the state criminal history repository. Texas court and DPS records are public, but three statutes remove certain records from the hiring decision entirely.
Criminal cases are filed in the district and county courts of the 254 counties. A county court search is therefore the most complete and current source for employment screening.
County criminal court search
BCS Background Screening LLC researches the district and county courts where Texas criminal cases are filed, in any county, with full disposition and sentencing detail on every record. The search costs $18 plus any court fees, with a seven-year standard scope.
This is the search that confirms a database hit before it reaches a report. Order a Texas county court search.
Deferred adjudication
A completed deferred adjudication is not a conviction under Code of Criminal Procedure art. 42A.111. It remains a public court record that employers may consider until the court grants an order of nondisclosure.
Once sealed by nondisclosure, the applicant may deny it on any employment application, and it may not be used. Read the disposition line carefully before you act on it.
How Far Back a Texas Background Check Can Go
Texas is one of the states with its own reporting limit. Section 20.05 of the Business and Commerce Code applies to the screening company, not to what an employer may ask, and it covers convictions as well as arrests.
Count the seven years from the disposition, parole or release date, not the offense date. A 2017 conviction with parole ending in 2021 is still reportable in 2026.
Texas cap on all records
Arrests, indictments and convictions may not be reported more than seven years after disposition, release or parole, for positions paying under $75,000 a year (Bus. & Com. Code § 20.05).
Federal non-conviction limit
The FCRA bars reporting arrests, civil suits, judgments and paid tax liens older than seven years (15 U.S.C. § 1681c(a)); bankruptcies run ten years. Convictions never expire under the federal rule.
Salary exemption
When the annual salary equals or is reasonably expected to equal $75,000, both the Texas limit and the federal seven-year limit fall away.
In-home and residential delivery
Civ. Prac. & Rem. Code ch. 145 presumes the company not negligent when its DPS check shows no listed conviction in the prior 20 years for felonies or 10 years for misdemeanors. That is a DPS check, not a consumer-report exception.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Which Texas Records You May and May Not Use
Sealed, expunged and set-aside records
An expunction order under Code of Criminal Procedure Chapter 55A erases the arrest from every agency file. Chapter 55 was redesignated as Chapter 55A on January 1, 2025, so older references to Chapter 55 point to the same law.
The applicant may lawfully deny an expunged arrest, and a screening company may not report it. Expunction is available for acquittals, dismissals, pardons and certain Class C deferred dispositions.
Under Government Code § 411.0755, a person whose record is under an order of nondisclosure need not disclose it on any employment application. Only the entities listed in § 411.0765, mainly licensing boards, schools, healthcare and law enforcement, may still receive the record.
Read the subchapter at Texas Statutes Online. Texas has no automatic sealing; expunction and nondisclosure both require a petition.
| Record | Statute | May an employer use it? |
|---|---|---|
| Expunged arrest | Tex. Code Crim. Proc. ch. 55A | No. The applicant may deny it, and it may not be reported. |
| Record under an order of nondisclosure | Tex. Gov’t Code § 411.0755 | No, except for the licensing and law-enforcement entities listed in § 411.0765. |
| Deferred adjudication without nondisclosure | Tex. Code Crim. Proc. art. 42A.111 | Yes, within the seven-year window. It is not a conviction, but it remains a public record. |
| Juvenile adjudication | Tex. Family Code ch. 58 | No. Juvenile records are confidential and not available for private employment screening. |
Arrests and non-convictions
Texas does not bar employers from considering arrests. Bus. & Com. Code § 20.05 and the FCRA limit reported non-convictions to seven years for positions paying under $75,000.
An arrest alone does not prove conduct. Act on the underlying facts, not the charge, and never use an expunged arrest.
Juvenile records
Juvenile adjudications are confidential under Family Code ch. 58 and are not available for private employment screening. Do not ask applicants about them.
Licensed occupations
Occupations Code ch. 53 lets a licensing authority deny or revoke a license only for offenses that directly relate to the occupation, after weighing listed factors. Employers of licensed staff should mirror that analysis.
See Occupations Code ch. 53 for the full list of factors.
No clean-slate sealing in Texas
Texas has no automatic sealing law. A record stays public until the applicant petitions for expunction or an order of nondisclosure, so old dismissals and completed deferred adjudications often still appear on a court search.
Ban the Box in Texas: What the Law Actually Says
Texas has no statewide ban-the-box law for private or public employers. You may ask about criminal convictions on the application, at the interview, or at any later stage, subject to Title VII.
No Texas statute requires an individualized assessment, a pre-decision notice, or a waiting period. The federal rules below still shape how you use the answer.
HB 2466 never became law
House Bill 2466 in the 2025 session would have barred most Texas employers from asking about criminal history before a conditional offer. It was referred to the House Workforce Subcommittee on March 17, 2025 and died there.
It did not take effect on September 1, 2025, whatever several industry blogs still say. You can confirm the bill’s status on Texas Legislature Online.
Austin’s ordinance is preempted
Austin adopted a Fair Chance Hiring Ordinance for private employers in 2016. The Texas Regulatory Consistency Act, HB 2127, took effect on September 1, 2023 and preempts local regulation of hiring practices in fields the Labor Code occupies.
In July 2025 the Third Court of Appeals reversed the Travis County judgment against the Act and dismissed the cities’ challenge for lack of standing, leaving the Act in force. Austin’s ordinance is treated as preempted, although no court has ruled on that ordinance specifically.
Public employers set their own policy
Several Texas cities and counties, including Austin, San Antonio and Travis County, removed the conviction question from their own applications years ago. Those policies bind only those governments as employers and their own vendors where the contract says so.
Why timing still matters
Asking early is lawful, but deciding early is where employers lose Title VII and TCHRA cases. A blanket “no felonies” rule can create a disparate impact under 42 U.S.C. § 2000e-2(k) and Labor Code ch. 21.
Ask when you like, then weigh the nature of the offense, the time elapsed, and the duties of the job before you act. Many Texas employers move the question to the interview anyway; it costs nothing and keeps multistate policies consistent.
Federal contractors
The Fair Chance to Compete for Jobs Act of 2019 bars federal contractors from asking about criminal history before a conditional offer for positions related to work under a covered federal contract (41 U.S.C. § 4714). It applies to contracts awarded from solicitations issued after December 20, 2021.
Positions that require access to classified information, involve sensitive law-enforcement or national-security duties, or require a check by law are exempt. Whatever stage you choose, apply it to every candidate for the same position.
What a Texas Job Application May Ask
Texas has no statute that lists the questions a job application may not ask. Texas Labor Code ch. 21, the TCHRA, tracks Title VII and bars discrimination on protected traits, and the Texas Workforce Commission Civil Rights Division enforces it.
Federal law therefore sets the rules for Texas applications. The four cards below cover the questions that cause the most trouble, and what to ask instead.
Sex, marital status, religion and photographs
Title VII permits a question about sex only where sex is a bona fide occupational qualification (42 U.S.C. § 2000e-2(e)), which almost no position meets. The EEOC treats questions about sex, race, national origin, age and religion as evidence of intent to discriminate.
Questions about a spouse, children, childcare, pregnancy, church membership or religious holidays raise the same claim under Title VII and the Pregnancy Discrimination Act. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant is available for the schedule, travel and overtime the job requires, asked of every applicant the same way. Request a photograph only after the offer, for an ID badge.
Date of birth and age
The ADEA protects applicants 40 and older at employers with 20 or more employees (29 U.S.C. §§ 623, 631). Under 29 C.F.R. § 1625.5, asking for a date of birth on the application is not itself a violation, but it is closely scrutinized because it deters older applicants.
Your screening company needs the date of birth to match criminal and other records. Collect it on the FCRA authorization form or a separate identification form completed after the conditional offer, never on the application.
Ask instead: “Are you at least 18 [or 21] years old?” where the job has a legal minimum age, such as alcohol service or commercial driving.
Disability, health and workers’ compensation
The ADA prohibits disability-related inquiries and medical examinations before a conditional offer at employers with 15 or more employees (42 U.S.C. § 12112(d)(2)). Questions about health, medical history, prescription drugs, prior workers’ compensation claims or sick-leave use are all disability-related inquiries.
GINA separately bars requesting genetic information, including family medical history (42 U.S.C. § 2000ff-1(b)). Medical inquiries are permitted after the conditional offer only if required of every entering employee in the job category and kept in a separate confidential file.
Ask instead: describe the essential functions and ask whether the applicant can perform them with or without reasonable accommodation.
Citizenship, national origin and military discharge
The Immigration and Nationality Act bars citizenship-status discrimination at employers with four or more employees (8 U.S.C. § 1324b). The Department of Justice treats pre-hire questions about citizenship, birthplace, immigration status or a “green card” as evidence of discrimination.
USERRA bars discrimination because of uniformed service (38 U.S.C. § 4311). Do not ask the type of military discharge on an application; ask about it only after the conditional offer where a law, license or contract requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you now or in the future require sponsorship for an employment visa?” Form I-9 and E-Verify begin only after the offer is accepted.
Collect race, ethnicity, sex and any veteran or disability status on a separate, voluntary self-identification form that states its purpose, offers a decline-to-answer option, and is kept where decision-makers cannot see it. Private employers with 100 or more employees file the EEO-1 report each year (29 C.F.R. § 1602.7).
Credit Reports, Salary History, Drug Testing and More
Texas has enacted none of the newer state hiring statutes. In each area below the federal rule, or no rule at all, governs.
Employment credit reports
No Texas statute limits employer credit checks. The FCRA disclosure, authorization and adverse-action steps apply to every credit report.
Limit credit reports to positions with financial responsibility, cash handling or signatory authority, and say so in your policy. A credit screen that is not job related can still create a disparate impact under Title VII.
Salary history and pay transparency
Texas has no salary-history ban, and HB 2127 preempts any city from adopting one. Texas also has no pay-transparency statute.
You may ask, but the Equal Pay Act and Labor Code ch. 21 still bar pay decisions that track sex or another protected trait. Many employers set pay from the range instead.
Drug and marijuana testing
No Texas statute restricts private-employer drug testing, including pre-employment THC testing. The Compassionate Use Program (Health & Safety Code ch. 487) gives low-THC cannabis patients no employment protection.
Written policies are recommended, and the Texas Workforce Commission publishes model drug-free workplace language. DOT-regulated positions follow the federal 49 C.F.R. Part 40 panel, which still tests for marijuana.
Motor vehicle records
Texas DPS driver records are available for any position that drives on company business, with CDL and DOT-regulated roles supported. Obtain written consent and order through a screening company under the Driver’s Privacy Protection Act (18 U.S.C. § 2721(b)(3)).
Motor carriers must also obtain the driver’s MVR from every licensing state within 30 days of hire (49 C.F.R. § 391.23). See motor vehicle records.
E-Verify and Form I-9
Government Code § 673.002 requires E-Verify for state agencies, and Executive Order RP-80 extends it to state contractors. Private employers with no state contract may enroll voluntarily at e-verify.gov.
Form I-9 remains mandatory for every hire: Section 1 by the first day of work and Section 2 within three business days (8 C.F.R. § 274a.2). Read the statute at Justia.
Social media and passwords
Texas has no law barring employers from requesting personal social-media credentials. Requesting them is still a poor practice: it exposes protected traits you cannot unsee, and the National Labor Relations Act protects concerted activity in posts.
Automated and AI hiring tools
The Texas Responsible AI Governance Act (Bus. & Com. Code § 552.056), effective January 1, 2026, prohibits developing or deploying an AI system with the intent to unlawfully discriminate against a protected class. A disparate impact alone does not prove that intent.
The Attorney General has exclusive enforcement authority, with a 60-day cure period. It imposes no bias audit or candidate notice for hiring tools, but Title VII disparate-impact rules still apply to any automated screen.
Texas Industry-Specific Screening Requirements
Beyond the general rules, Texas statutes require or shape background checks in these fields.
Healthcare and long-term care
Health & Safety Code ch. 250 requires licensed facilities and agencies to run a DPS criminal history check before employing direct-care staff, and to check the Nurse Aide Registry and Employee Misconduct Registry. Listed convictions bar employment outright; Texas Health and Human Services administers the rule.
Child care and youth programs
Human Resources Code ch. 42 requires fingerprint-based FBI and DPS checks, plus central registry checks, for child-care operation staff and household members. Texas HHSC Child Care Regulation administers the program.
Public schools
Education Code §§ 22.083–22.0837 require fingerprint checks through the DPS FACT clearinghouse for certified educators, non-certified employees and contractor staff with student contact. The Texas Education Agency administers the requirement.
In-home service and delivery
Civ. Prac. & Rem. Code ch. 145 requires appliance, HVAC, plumbing, electrical and similar in-home service companies, and residential delivery companies, to obtain criminal history from DPS or a private vendor before an employee enters a residence. A Texas occupational license that required a check also satisfies the rule.
The negligent-hiring presumption ties to 20-year felony and 10-year Class A and B misdemeanor windows. See chapter 145.
Transportation
CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query before hire and annually, the 49 C.F.R. Part 40 test panel, and motor vehicle record reviews. Texas DPS driver records are available through the driving-records service.
Security, finance and gaming
Private security officers are licensed by DPS under Occupations Code ch. 1702 with fingerprint checks. Banks follow Section 19 of the Federal Deposit Insurance Act (12 U.S.C. § 1829); broker-dealers follow FINRA Rule 3110(e). Texas Lottery retailers and racetrack licensees carry their own checks.
Negligent hiring and discrimination: the two Texas exposures
Chapter 142 of the Civil Practice and Remedies Code shields employers from negligent-hiring suits based solely on an employee’s conviction. The shield drops when the employer knew or should have known of a conviction for an offense committed while performing similar duties, or of listed sexually violent and certain violent offenses.
Texas Labor Code ch. 21 tracks Title VII and is enforced by the Texas Workforce Commission Civil Rights Division. Write the screening scope for each position class, run the same searches for every candidate in that class, and record the reason for any exception.
That record answers both a negligence claim and a discrimination charge. Keep a dated note of the individualized review for every candidate declined because of a record.
What Changed for Texas Employers in 2026
Texas passed one law that touches hiring in 2026 and left the rest of its screening rules alone. The federal layer moved more: the EEOC rescinded its arrest and conviction guidance, DEA rescheduled medical marijuana, and OFCCP rescinded the EO 11246 rules.
Texas Responsible AI Governance Act takes effect
The Texas Responsible AI Governance Act, Bus. & Com. Code § 552.056, took effect January 1, 2026. It bars developing or deploying an AI system with the intent to unlawfully discriminate against a protected class, and a disparate impact alone does not show intent.
The Attorney General enforces it exclusively, with a 60-day cure period and no private right of action. It imposes no hiring-specific audit or candidate-notice duty.
What to do: inventory any resume screen, chatbot or ranking tool, document its purpose, test it for disparate impact under Title VII, and keep a human decision-maker on every rejection.
Source: Tex. Bus. & Com. Code § 552.056 (TRAIGA). Read the law
No ban-the-box law: HB 2466 died, and HB 2127 preemption stands
HB 2466 (2025), which would have barred most Texas employers from asking about criminal history before a conditional offer, was referred to the House Workforce Subcommittee on March 17, 2025 and died there. It never took effect.
In July 2025 the Third Court of Appeals reversed the trial-court ruling against the Texas Regulatory Consistency Act (HB 2127) and dismissed the cities’ challenge for lack of standing. The Act stays in force, and Austin’s 2016 Fair Chance Hiring Ordinance is treated as preempted.
What to do: you may keep the conviction question on the application, but keep the Title VII individualized review and apply one timing rule to every candidate for the same position.
Source: Texas Legislature Online, HB 2466 bill history (89th Legislature). Read the bill history
Expunction statute redesignated as Code of Criminal Procedure Chapter 55A
The expunction chapter, formerly Code of Criminal Procedure Chapter 55, was redesignated as Chapter 55A effective January 1, 2025. The rule is unchanged: expunged arrests may not be reported or used, and the applicant may deny them.
Texas still has no automatic clean-slate sealing. Expunction and orders of nondisclosure under Gov’t Code § 411.0755 remain petition-based.
What to do: update policy documents and authorization forms that cite “Chapter 55”, and keep treating expunged and nondisclosed records as off limits.
Source: Tex. Code Crim. Proc. ch. 55A; Tex. Gov’t Code § 411.0755. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted October 28, 2026 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements the 2012 guidance had replaced.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law, including Texas Labor Code ch. 21.
What to do: keep the individualized assessment and the written job-related criteria; they come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III (91 FR, Doc. 2026-08176). All other marijuana remains Schedule I.
DOT testing is unchanged: 49 C.F.R. Part 40 still tests for marijuana. DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a “legitimate medical explanation” for a positive result (49 C.F.R. § 40.137).
What to do: keep your DOT panel and Clearinghouse queries as they are, and remember that Texas gives Compassionate Use Program patients no employment protection.
Source: DEA final rule, Apr. 28, 2026; 49 C.F.R. Part 40. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 (Jan. 21, 2025), and OFCCP rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026. The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29.
Race- and sex-based affirmative-action plan and related recordkeeping duties under EO 11246 no longer apply. Title VII, Section 503 of the Rehabilitation Act and VEVRAA nondiscrimination, affirmative-action and recordkeeping obligations for covered contractors remain.
What to do: keep Section 503 and VEVRAA plans current, follow the EEOC’s EEO-1 instruction booklet for reporting, and keep the Fair Chance to Compete for Jobs Act timing rule on covered federal contracts.
Source: Executive Order 14173; OFCCP final rule, Aug. 21, 2026 (41 C.F.R. parts 60-1 to 60-50). Read the EEOC’s overview
Texas Employment Screening Services
BCS Background Screening LLC runs FCRA-compliant searches for Texas employers of every size, with no setup fee and per-search pricing.
Texas County Criminal Court Search
Real-time research at the district and county courts in any of the 254 counties, $18 plus any court fees, seven-year standard scope. Full disposition and sentencing detail on every record.
Nationwide Criminal Database
$17 locator search of thousands of court, corrections and registry sources with three name variations searched at once. Every hit is verified at the source before it is reported.
Federal Criminal Search
Search of the U.S. District Courts for federal offenses, such as fraud, drug trafficking and interstate crimes, that never appear in Texas county records.
Motor Vehicle Records
Texas DPS driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
SSN Trace and Address History
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties.
Verifications and Add-ons
Employment, education, professional license and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
FACIS® Healthcare Sanctions
Pair the Health & Safety Code ch. 250 DPS check with FACIS® exclusion and sanction screening, including the HHS-OIG exclusion list, for direct-care staff.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Texas Employer Compliance Checklist
Ten steps that keep a Texas screening program inside the FCRA, the Business and Commerce Code and Title VII.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Remove questions about sex, age, marital status, religion, disability, citizenship and military discharge from the application; ask only “Are you legally authorized to work in the U.S.?”
- Collect the date of birth on the FCRA authorization or an identification form after the conditional offer, never on the application.
- Define the screening scope for each position class and apply it to every candidate in that class.
- Confirm the position’s salary before ordering; the seven-year limit in Bus. & Com. Code § 20.05 lifts at $75,000.
- Order the DPS criminal history check that Civ. Prac. & Rem. Code ch. 145 requires for any in-home or residential delivery role, and review it against the 20-year felony and 10-year misdemeanor windows.
- Do not ask about or act on expunged arrests, nondisclosed records or juvenile adjudications, and treat deferred adjudication as a non-conviction.
- Weigh the nature of the offense, the time elapsed and the duties of the job before declining a candidate for a record, and keep a dated note.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Complete Form I-9 for every hire, enroll in E-Verify if you hold a state contract, and review any AI screening tool for disparate impact under TRAIGA and Title VII.
Texas Employment Screening Law FAQs
Does Texas have a ban-the-box law?
No. Texas has no statewide ban-the-box statute for private or public employers. HB 2466 (89th Legislature, 2025), which would have created one, died in the House Workforce Subcommittee and never took effect.
Austin’s 2016 Fair Chance Hiring Ordinance is treated as preempted by the Texas Regulatory Consistency Act (HB 2127, effective September 1, 2023). In July 2025 the Third Court of Appeals reversed the trial-court ruling against the Act and dismissed the cities’ challenge for lack of standing, leaving it in force.
The Texas Workforce Commission Civil Rights Division and the EEOC still enforce discrimination law, so criminal-record decisions must be job related.
How many years back can a Texas background check go?
Seven years for arrests, indictments and convictions under Texas Business and Commerce Code § 20.05, counted from disposition, release or parole, for positions paying under $75,000 a year. At $75,000 or more there is no Texas limit, and convictions never expire under the federal FCRA.
The statute governs consumer reporting agencies and is enforced through private suits and the Texas Attorney General’s Consumer Protection Division. In-home service and residential delivery companies must also obtain criminal history from DPS or a private vendor under Civ. Prac. & Rem. Code ch. 145, which presumes the company not negligent when that check shows no listed conviction in the prior 20 years for felonies or 10 years for Class A and B misdemeanors.
Can a Texas employer see an expunged or nondisclosed record?
No. An expunction under Code of Criminal Procedure ch. 55A removes the arrest from agency files, and an order of nondisclosure under Government Code § 411.0755 hides the record from private employers. In both cases the applicant may answer as though the case never happened.
Only the agencies listed in § 411.0765, such as licensing boards, schools, healthcare regulators and law enforcement, may still receive nondisclosed records. The Texas Department of Public Safety Crime Records Division administers both systems, and neither is automatic; the applicant must petition.
What may a Texas employer ask on a job application?
Texas has no pre-employment inquiry statute, so federal law and Texas Labor Code ch. 21 control. Title VII, the ADEA, the ADA and the Immigration and Nationality Act make questions about sex, marital status, religion, age or date of birth, disability, citizenship and military discharge evidence of discrimination.
Ask “Are you legally authorized to work in the United States?” and about availability for the schedule the job requires. Collect the date of birth your screening company needs on the FCRA authorization after the conditional offer, never on the application. The EEOC and the Texas Workforce Commission Civil Rights Division enforce these rules.
Are there limits on employment credit checks or salary-history questions in Texas?
Texas has no statute restricting employer credit checks and no salary-history ban, and HB 2127 preempts cities from adopting one. The federal Fair Credit Reporting Act governs credit reports: a stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report and the Summary of Your Rights, and a final adverse-action notice.
The Consumer Financial Protection Bureau and Federal Trade Commission enforce the FCRA. Pay decisions must still comply with the federal Equal Pay Act and Texas Labor Code ch. 21, enforced by the Texas Workforce Commission Civil Rights Division and the EEOC, so limit credit screens to positions with financial responsibility and set offers from the position’s range.
What are the drug-testing rules for Texas employers?
No Texas statute restricts private-employer drug testing, and the Compassionate Use Program (Health & Safety Code ch. 487) provides no employment protection for low-THC cannabis patients. Employers should adopt a written policy; the Texas Workforce Commission publishes model drug-free workplace materials.
DOT-regulated positions must follow 49 C.F.R. Part 40 and the FMCSA Drug and Alcohol Clearinghouse rules, administered by the U.S. Department of Transportation. DEA’s April 28, 2026 move of medical marijuana to Schedule III did not change the DOT panel.
Is E-Verify mandatory in Texas?
Only for state agencies and state contractors under Government Code § 673.002 and Executive Order RP-80. Private employers with no state contract are not required to enroll but may do so voluntarily through U.S. Citizenship and Immigration Services.
Every employer must complete Form I-9: Section 1 by the first day of work and Section 2 within three business days of the start date (8 C.F.R. § 274a.2).
Does the Texas AI law affect hiring tools?
The Texas Responsible AI Governance Act (HB 149), codified at Business and Commerce Code § 552.056 and effective January 1, 2026, prohibits developing or deploying an AI system with the intent to unlawfully discriminate against a protected class. A disparate impact alone is not enough to show intent.
The Texas Attorney General has exclusive enforcement authority under § 552.101, with a 60-day cure period and no private right of action. It imposes no bias audit, candidate notice or impact assessment on hiring tools, but Title VII’s disparate-impact rule applies to any automated screen, so test your tools and keep a human decision-maker.
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This page provides general information about Texas background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.