Texas Background Check Laws
TX Employer Compliance Guide
Texas takes an employer-friendly approach to background checks with fewer restrictions than many states, but employers must still comply with federal FCRA requirements.
Content updated
Texas background check laws at a glance
- Does Texas have a ban-the-box law?
- Yes — limited coverage, applying to public employers only.
- Can employers ask about salary history?
- No statewide salary history ban in Texas. Local rules may still apply.
- How far back can a background check go?
- Texas follows the standard 7-year FCRA limitation for non-conviction records. There are no additional state-imposed reporting limitations beyond federal FCRA requirements for convictions.
- Governing statutes
- Texas Business and Commerce Code Ch. 20; Texas Gov. Code Ch. 411; HB 1188 - State Agency Ban-the-Box
Texas is one of the more employer-friendly states for background screening, with no statewide ban-the-box law for private employers. However, several Texas cities have enacted local fair chance ordinances, and employers must still comply with federal FCRA requirements. Texas has specific rules around criminal history record information (CHRI) access through DPS, and certain industries like healthcare and education have additional screening mandates.
Ban-the-Box Laws
Texas has no statewide ban-the-box law for private employers. However, the state removed criminal history questions from initial state employment applications in 2015 (for state agencies only). Austin passed a local Fair Chance Hiring ordinance in 2016, but it was struck down by a Texas court in 2017. Currently, private employers in Texas can ask about criminal history at any point in the hiring process.
State FCRA Variations
Texas follows federal FCRA requirements without significant additional state-level consumer reporting restrictions. The Texas Business and Commerce Code Chapter 20 governs consumer reporting but largely mirrors federal FCRA provisions.
Reporting Limitations
Texas follows the standard 7-year FCRA limitation for non-conviction records. There are no additional state-imposed reporting limitations beyond federal FCRA requirements for convictions.
Expungement & Record Sealing
Texas allows expungement (expunction) under Code of Criminal Procedure Art. 55.01 for arrests not resulting in conviction, pardoned offenses, and certain acquittals. Orders of nondisclosure (sealing) are available for successfully completed deferred adjudication for eligible offenses under Gov. Code Chapter 411.
Key Screening Rules
Private employers may ask about criminal history at any stage
Applies to: All private employers
State agencies delay criminal history inquiry until after interview
Applies to: State government employers
Healthcare workers require specific background checks
Applies to: Healthcare facilities and agencies
Education employees require name-based criminal history checks
Applies to: School districts and educational institutions
Frequently Asked Questions: Texas
Does Texas have a ban-the-box law?
Not for private employers. State agencies removed criminal history questions from initial applications in 2015, but private employers can ask at any point in the hiring process.
What is an order of nondisclosure in Texas?
An order of nondisclosure seals criminal records from public view for eligible offenses after successfully completing deferred adjudication. These records won't appear on most background checks but remain accessible to law enforcement and certain licensing agencies.
Are there industry-specific requirements in Texas?
Yes. Healthcare workers, educators, and childcare workers face additional screening mandates. The Texas Health and Human Services Commission requires criminal history checks for certain healthcare positions.
How far back can a background check go in Texas?
Texas follows the federal FCRA 7-year rule for reporting non-conviction records. Convictions can be reported indefinitely regardless of the position's salary level.
Key Statutes
Texas Business and Commerce Code Ch. 20
1997 — State consumer reporting law mirroring federal FCRA
Texas Gov. Code Ch. 411
2015 — Criminal history record information and orders of nondisclosure
HB 1188 - State Agency Ban-the-Box
2015 — Removed criminal history from state employment applications
Sources for this Texas guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Texas primary authority
- Texas Legislature and state code
Texas Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Texas guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Texas before adopting or changing a screening policy.
States bordering Texas
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Texas with its neighbors:
Screening services for Texas employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Texas.
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