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In Texas, employers possess various screening methods to gather insights into a candidate’s background, encompassing their criminal record and previous work experience. Despite the absence of statewide fair hiring regulations in Texas, adhering to federal guidelines and adopting best practices aids in acquiring necessary information while ensuring a just and compliant hiring procedure. Continue reading to delve further into employer background checks within the state of Texas.
As an employer, utilizing background checks can be advantageous for confirming details and gaining understanding into a candidate’s criminal, credit, and employment backgrounds. This article will explore the typical types of background checks conducted by employers in Texas, detailing the information they reveal, their timeframe, and the duration they may require. Additionally, we will delve into fair hiring laws and practices that could impact your approach to conducting background checks.
Employers often integrate various checks into their screening procedures for new hires or individuals under consideration for promotion. These checks serve to authenticate the information provided in a candidate’s educational and employment history. They also extend to examining a candidate’s criminal record, driving history, and credit report. Furthermore, background checks contribute to assessing whether a candidate presents any safety risks, particularly in roles involving management responsibilities, driving duties, machinery operation, financial handling, interaction with children, or engagement with the public.
In Texas, background checks draw upon public records to furnish employers with insights into a candidate’s qualifications and suitability for a position. Certain jobs in Texas, such as those in public schools and the Texas Department of Family and Protective Services, may necessitate specific background checks, like fingerprint-based criminal screenings, to ensure the safety of children and vulnerable individuals.
Employers may also opt to conduct background screenings as part of their hiring process, aiming to evaluate candidates comprehensively. Typical employment background checks in Texas encompass:
- Criminal background checks, which scour national, federal, state, and county records for any history of misdemeanors or felony convictions, particularly crucial for roles involving vulnerable populations or sensitive information.
- Civil court checks, delving into lawsuits, foreclosures, and restraining orders, particularly pertinent for positions in finance and management.
- Employment verifications, confirming a candidate’s work history, positions held, and employment dates.
- Education verifications, validating academic credentials such as school attendance, enrollment years, and degrees earned.
- Driving record checks, examining motor vehicle records for license status, moving violations, and convictions like DUIs, commonly utilized for positions requiring driving.
- Credit checks, revealing a candidate’s credit history, including bankruptcies, payment records, and outstanding debts, often relevant for financial roles.
Selecting appropriate background checks tailored to specific roles in Texas can safeguard your business, employees, and clientele while identifying the most qualified candidates.
What Does A Background Check Show In Texas?
What you observe in a candidate’s Texas background check may vary depending on whether you conduct a direct search of criminal records or utilize a consumer report agency (CRA) to procure reports. Typically, both methods will display offense details, court records, as well as the date and outcome of the offense, including any periods of imprisonment or probation. Additionally, certain CRAs may disclose arrests or acquittals. In line with our commitment to fair chance hiring and mitigating unconscious bias, Rapid Hire Solutions excludes arrests and non-convictions from our criminal background check outcomes.
The Texas Department of Public Safety (TXDPS) oversees criminal background checks in the state, including fingerprint-based screenings facilitated through the FACT Clearinghouse. TXDPS also manages the Computerized Criminal History (CCH) system, serving as a centralized repository for criminal history record information reported by local criminal justice agencies.
In addition to conducting searches of state and county criminal backgrounds within Texas, it may be prudent to explore nationwide and federal databases to ascertain a candidate’s criminal history across state and county jurisdictions nationwide, or to uncover any federal offenses.
Juvenile records, typically sealed upon the individual reaching 18 years old, remain inaccessible as long as no felony convictions or pending charges exist. Per Texas law, candidates are not obligated to disclose convictions that have been sealed or expunged by court order. Should you encounter sealed or expunged records during an employment background check in Texas, it is imperative not to consider this information when assessing a candidate for a position.
How Far Back Does A Background Check Go In Texas?
When carried out by a Consumer Reporting Agency (CRA), the extent of a background check is confined to a specified timeframe determined by the type of search conducted. For employment-related background checks in Texas, the standard timeframe is seven years, with the exception of criminal convictions, which may be reported indefinitely. Within this seven-year limit, tax liens, lawsuits, judgments, and most credit history are encompassed. Bankruptcy records, however, may extend back up to 10 years. Texas-based companies hiring individuals for in-home repair or delivery positions that involve entering private residences must conduct felony criminal background checks dating back 20 years and misdemeanor checks spanning 10 years for prospective employees prior to hiring.
Employers have the option to extend the review period for non-criminal records if the candidate is applying for a position with a salary exceeding $75,000. In such instances, records may be examined dating back to the candidate’s 18th birthday.
Texas motor vehicle record (MVR) reports typically provide information for the preceding three years.
Employers who conduct their own criminal records search, rather than utilizing a CRA, are not constrained by the seven-year timeframe.
Lastly, there are no temporal restrictions for investigating employment and education history information in Texas.
How Long Does A Background Check Take In Texas?
A state criminal background check in Texas typically requires one to three business days for processing. County checks, however, may vary in duration depending on the jurisdiction, particularly if records are not digitized and necessitate manual search or verification. Civil court searches in most Texas counties typically take between seven to 10 business days. Motor vehicle records are typically accessible within one business day. Turnaround times for employment and education verifications can vary considerably, typically falling within a range of one to five business days.
The availability of digital records significantly reduces turnaround times. In cases where records are not digitized, the process may be slower, requiring a visit to the courthouse for manual search, either by yourself or a court runner. Additionally, engaging with government agencies directly through mail correspondence can introduce considerable delays. For instance, receiving a motor vehicle report by mail typically takes three weeks after the request is received.
Opting for online resources or partnering with a reputable consumer reporting agency, such as Rapid Hire Solutions, offers efficiency by providing swift access to millions of records housed in public and proprietary databases. This approach helps minimize turnaround times for common background checks.
Texas Background Check Laws
While specific Texas background check laws do not exist to restrict the utilization of criminal history in employment decisions, federal fair hiring guidelines remain applicable. Under the Fair Credit Reporting Act (FCRA), employers are obligated to furnish candidates with written notification and obtain their consent prior to conducting criminal background checks in Texas. Should the findings of a criminal background check lead to adverse action, such as retracting a job offer, employers must issue a pre-adverse action notice to the candidate (including a copy of the background check report) and observe a five-business-day waiting period before implementing final adverse action.
Since December 2021, federal ban-the-box regulations prohibit federal agencies and contractors from inquiring about a candidate’s criminal history until after extending a conditional offer of employment, unless the position pertains to national security, classified information, or is subject to other laws necessitating early screening.
Additionally, certain counties and cities in Texas have enacted their own ban-the-box regulations, detailed in the county resources below. Employers conducting background checks in Texas across various local jurisdictions should adhere to laws in both their own city and county as well as the city and county where the candidate resides. When uncertain, employers may opt to comply with the most stringent regulations to mitigate potential liabilities.
County Resources
For further insights into obtaining background check information in some of Texas’s major counties, consider the following resources:
BELL COUNTY
Situated in central Texas, Bell County is conveniently located within a short drive to Austin, Dallas, Houston, and Waco. With nearly 380,000 residents, Bell County is notable for housing Killeen, its largest city, which is home to Fort Hood, one of the world’s largest military bases.
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BEXAR COUNTY
Situated in south Texas, Bexar County is home to San Antonio and the historic Alamo. With a population exceeding 2 million, it ranks as the fourth most populous county in Texas.
Public Information & Records:
A local ban-the-box law is applicable to public sector employers within the city of San Antonio.
BRAZORIA COUNTY
Located just south of Houston, Brazoria County boasts a rich history as the first capital of the Republic of Texas. Today, its nearly 380,000 residents contribute to the thriving suburban landscape, with communities like Pearland and Manvel.
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BRAZOS COUNTY
Situated centrally within the Texas Triangle, Brazos County derives its name from the Brazos River that borders its western edge. Notably, it houses Texas A&M University in College Station, one of the nation’s largest public universities, alongside the county seat, Bryan.
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CAMERON COUNTY
Located in the southernmost region of Texas, Cameron County is home to the SpaceX Starbase and the bustling city of Brownsville, which borders Mexico and the Gulf of Mexico. Its population exceeds 423,000.
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COLLIN COUNTY
Experiencing rapid growth with an estimated 80 new residents daily, Collin County lies northeast of Dallas. Notable cities include Plano, Frisco, and McKinney, with a burgeoning population exceeding 1 million.
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DALLAS COUNTY
Encompassing the vibrant city of Dallas, Dallas County is a cornerstone of the expansive Dallas-Fort Worth metroplex, boasting a population exceeding 2.6 million. Major corporations such as AT&T and ExxonMobil call Dallas County home.
Public Information & Records:
Local ban-the-box laws apply in both Dallas County and the city of Desoto.
DENTON COUNTY
With over 900,000 residents, Denton County spans the northern reaches of the DFW metroplex, featuring the county seat, Denton, as well as parts of Dallas, Fort Worth, and surrounding suburbs like Plano and Frisco.
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EL PASO COUNTY
Nestled along the US-Mexico border, El Paso County is home to more than 800,000 residents, with the city of El Paso serving as its largest urban center. A vast majority of residents identify as Hispanic or Latino.
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FORT BEND COUNTY
Boasting a population exceeding 858,000, Fort Bend County is among Texas’s most populous counties. Notably, it encompasses parts of Houston, including thriving suburbs like Sugar Land and Missouri City.
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GALVESTON COUNTY
Situated along the Texas Gulf Coast, Galveston County includes the historic city of Galveston and its largest urban center, League City. With a population surpassing 350,000, it offers a blend of coastal charm and urban amenities.
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HARRIS COUNTY
As the most populous county in Texas, Harris County is anchored by the vibrant city of Houston, boasting a multicultural population exceeding 4.7 million. It serves as a cultural, economic, and industrial hub within the state.
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HAYS COUNTY
Nestled in the picturesque Texas Hill Country, Hays County is a part of the Austin-Round Rock metropolitan area. With a population of approximately 241,000 in 2020, marking a 53% increase since 2010, it stands out as one of the state’s fastest-growing counties. Key cities within Hays County include San Marcos and Kyle.
Public Information & Records:
Ban-the-box laws are applicable to both public and private sector employers within the city of Austin.
HIDALGO COUNTY
Located near the southernmost tip of Texas, Hidalgo County sits in the Rio Grande Valley along the US-Mexico border. Its largest city, McAllen, draws retirees seeking respite from colder climates. With a population exceeding 880,000, Hidalgo County’s seat is in Edinburg.
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JEFFERSON COUNTY
Situated in the Gulf Prairie region of southeast Texas, Jefferson County boasts Beaumont as its county seat and largest city. With a population approaching 254,000, it is recognized for its Sabine Neches Waterway, the third-largest port by tonnage in the United States.
Public Information & Records
- Jefferson County Website
- Misdemeanor Search of Records
- Civil Court Search of Records
- Index of Criminal Cases by Year
LUBBOCK COUNTY
Lubbock County, renowned for its cotton-growing prowess, is home to Texas Tech University and the vibrant city of Lubbock. With a population exceeding 314,000, it serves as a regional economic, educational, and healthcare hub.
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MCLENNAN COUNTY
Waco, the largest city within McLennan County, is renowned for being the home of Baylor University. Waco contributes to the county’s nearly 261,000 residents.
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MONTGOMERY COUNTY
Montgomery County, part of the Houston metropolitan area, encompasses thriving communities like The Woodlands and Conroe. Its population nears 650,000.
Public Information & Records:
- Montgomery County Website
- Criminal & Civil Court Records
- District Clerk Records & Research Department
NUECES COUNTY
Nueces County, facing the Gulf of Mexico, includes Corpus Christi as its county seat. It boasts a significant tourist industry and hosts one of the largest US ports, with a population exceeding 350,000.
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SMITH COUNTY
Found in northeast Texas, Smith County, with a population just over 237,000, is anchored by Tyler, known as a global center for rose cultivation and home to the University of Texas at Tyler.Public Information & Records
TARRANT COUNTY
As the third most populous county in Texas, Tarrant County’s primary city is Fort Worth. With a population exceeding 2 million, it is a significant hub within the DFW metropolitan area.
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TRAVIS COUNTY
With a population nearing 1.3 million, Travis County, situated in south-central Texas, is home to Austin, the state capital. Austin boasts a vibrant tech sector and cultural scene.
Public Information & Records:
Local ban-the-box laws apply in Travis County and to both public and private sector employers in the city of Austin.
WEBB COUNTY
Webb County, the largest in South Texas, shares borders with three Mexican states. Laredo, its county seat and largest city, serves as a vital inland port along the US-Mexico border.
Public Information & Records
WILLIAMSON COUNTY
Also known as Wilco, Williamson County is a part of the greater Austin metropolitan area. Its population surpasses 643,000, with key cities including Round Rock, home to Dell’s headquarters, and burgeoning suburbs like Georgetown, Cedar Park, and Leander.
Public Information & Records:
Ban-the-box laws are applicable to both public and private sector employers within the city of Austin.
Get A Texas Background Check With Rapid Hire Solutions
While Texas provides various state and local resources for employers conducting background checks, partnering with a reputable CRA such as Rapid Hire Solutions can simplify the process and provide timely, precise results. With over 100 screening options available, Rapid Hire Solutions enables employers to streamline the process, bypassing numerous points of contact and administrative hurdles, thereby allowing them to concentrate on hiring top-notch candidates. Collaborating with Rapid Hire Solutions not only saves time and resources but also ensures compliance throughout the process. For further information on background checks with Rapid Hire Solutions, feel free to contact our sales team.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws