State law · For employers

Texas background check laws for employers

What Texas law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.

Reviewed
Primary sources
4 laws cited

At a glance

The Texas rules on each topic, in one line. Federal law applies to every topic.

TopicTexas rule
Criminal history questionsNo state rule. Federal law applies.
Limits on what a report includesTexas has its own 7-year rule. A consumer reporting agency may not report a record of arrest, indictment, or conviction when the date of disposition, release, or parole is more than seven years before the report.
Sealed and expunged recordsTexas uses orders of nondisclosure (Gov’t Code ch. 411, subch. E-1), not expungement of convictions.
Credit checksNo state rule. Federal law applies.
Salary historyNo state rule. Federal law applies.
CannabisNo state rule. Federal law applies.
Drug testing proceduresNo Texas statute constrains private-employer drug-testing procedures.
State consumer reporting lawTexas regulates consumer reporting agencies under Bus. & Com. Code ch. 20 (Regulation of Consumer Credit Reporting Agencies).

What a background check report may include

Who it covers: Consumer reporting agencies and other private sellers of criminal history record information.

In force since: May 31, 2019

Texas has its own 7-year rule. A consumer reporting agency may not report a record of arrest, indictment, or conviction when the date of disposition, release, or parole is more than seven years before the report. The limit does not apply when the report is for employment at an annual salary that is, or is reasonably expected to be, $75,000 or more. Bankruptcies drop after 10 years; suits and judgments after seven years or the limitations period, whichever is longer; paid tax liens and any other item after seven years. Certain medical collection accounts may not be reported. Medical information may not be furnished for employment without the consumer’s consent. Separately, a private company that sells criminal history must destroy and stop disseminating a record once it gets notice of an expunction or nondisclosure order; it is liable for damages, costs, and attorney’s fees if it does not (Gov’t Code 411.0851).

Exceptions

  • Employment at an annual salary of $75,000 or more (20.05(b)(3))
  • Credit transactions and life insurance of $150,000 or more (20.05(b)(1)-(2))
  • Information needed to avoid a violation of 18 U.S.C. 1033 (20.05(b-1))

Tex. Bus. & Com. Code 20.05(a)(4), as amended by S.B. 1037 (86th Leg., 2019), enrolled text · Tex. Bus. & Com. Code 20.05(b)(3) (official statutes file server) · Tex. Gov't Code 411.0851(a)

Sealed and expunged records

Who it covers: All employers; governs what public records show and what an applicant must disclose.

In force since: September 1, 2015

Texas uses orders of nondisclosure (Gov’t Code ch. 411, subch. E-1), not expungement of convictions. A first-time deferred adjudication for most nonviolent misdemeanors gets a nondisclosure order without a petition once the person is discharged and meets 411.074 (411.072). Other categories need a petition and a waiting period. A person with a nondisclosure order need not state on an application for employment, information, or licensing that they were the subject of the proceeding. Certain arrests (acquittals, dismissals, pardons for innocence, some others) can be expunged under Code Crim. Proc. ch. 55A. After a final expunction order, the person may deny the arrest and the order.

Exceptions

  • Criminal justice agencies may still give nondisclosed records to listed noncriminal-justice entities, including school districts, private schools, commercial transportation companies, and many licensing boards (411.0765(b))

Tex. Gov't Code 411.0755 · Tex. Gov't Code 411.072(b) · Tex. Code Crim. Proc. art. 55A.401

Drug and alcohol testing procedures

No Texas statute constrains private-employer drug-testing procedures.

We checked this against an unofficial copy of the law. The official text was not freely available online. Check the official code before you rely on it.

The state consumer reporting law

Who it covers: Consumer reporting agencies; users are not given new duties beyond the FCRA.

In force since: October 1, 1997

Texas regulates consumer reporting agencies under Bus. & Com. Code ch. 20 (Regulation of Consumer Credit Reporting Agencies). It lists permissible purposes (including employment), requires written file disclosures and a copy of the file on request, sets the 7-year limits in 20.05, provides a dispute procedure, and gives consumers a civil action with attorney’s fees. It adds no employer disclosure or authorization form beyond the FCRA, no investigative-report rule, and no CRA registration.

Exceptions

  • Check verification and check guarantee services are excluded from the CRA definition (20.01(5), 20.021)

Tex. Bus. & Com. Code 20.01(5) · Tex. Bus. & Com. Code 20.03(c) · Tex. Bus. & Com. Code 20.05(a)

Where federal law alone applies

We found no Texas rule for private employers on these topics. The FCRA and other federal laws still apply.

  • Criminal history questions
  • Credit checks
  • Salary history
  • Cannabis

Local rules

Some places in Texas add their own rules. A local rule applies on top of the state rule.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Texas requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Texas sets these for each new hire.

  • State withholding. No state withholding certificate: Texas has no personal income tax. Collect only the federal Form W-4.
  • New hire report. Report each new hire to Texas within 20 days; some independent contractors must be reported too. State new hire reporting
  • Notices at hire. Notice to New Employees of workers’ compensation coverage status.

Build the new hire checklist for Texas, with city rules, special cases and a due date for each item.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.

State law

Background check laws by state

Pick a state to see what its law adds to the federal FCRA. A darker state has state law on more of the eight topics we cover.

  • State law on 1 to 3 topics
  • 4 or 5 topics
  • 6 to 8 topics

Every state, with its review date