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Texas Background Check Laws: What Employers Need to Know
Texas passed its own version of the FCRA in 1997, but the practical effect for employers today is that federal standards govern. Relevant across the state's energy, healthcare, tech, and logistics industries, here's what applies whether you're hiring in Houston, Dallas, Austin, or San Antonio.
Reporting Time Limits: Federal Standards Apply
Texas law contains a 7-year limit on reporting convictions, but that provision was enacted after the federal FCRA was amended to prohibit states from setting their own limits on report content. Federal preemption of the Texas reporting limit has been upheld in court, most recently in Consumer Data Industry Association v. State of Texas (W.D. Texas, 2021) and earlier in Smith v. Equifax Information Services (E.D. Texas, 2007). In practice, screening follows FCRA limits, which place no time cap on reporting convictions.
What This Means for Employers
Texas adds no employer-side restrictions beyond federal law, so the requirements that matter most are the standard FCRA basics:
- Get written authorization from the candidate before running a check
- Provide clear disclosure that a consumer report may be used for employment purposes
- Follow the adverse action process (pre-adverse and final notice) if a report factors into a decision not to hire
There's no state-level Ban-the-Box law, waiting period, or additional paperwork to plan around for private employers in Texas.
Pass-Through Fees for Texas Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (TX Dept. of Public Safety Crime Records Service) | Approximately $3.00 per name-based search credit in the Texas Criminal History Conviction database via the DPS public site |
| Motor vehicle record | $7.50 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Texas Employers
Is Texas a 7-year state for background checks?
Not in practice. Texas law contains a 7-year limit, but federal courts have held it preempted by the FCRA, which places no time cap on reporting convictions.
Does Texas have a Ban-the-Box law?
No statewide law for private employers. Some individual cities or public agencies may have their own hiring policies worth checking separately.
Why is the Texas statewide search fee so low?
Texas DPS operates a public-facing conviction database priced per search credit, at roughly $3.00, which is among the lowest statewide fees nationally. County-level searches are priced separately.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
