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Texas background check laws for employers
Texas has no statewide ban-the-box law for private employers, and a 2023 state law voids city rules on private-employer hiring practices that go beyond state or federal law. Texas bars CRAs from reporting criminal records more than seven years old for jobs paying under $75,000 a year. People with expunged records or orders of nondisclosure do not have to reveal them on job applications.
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Fair-chance hiring (criminal history)
- No Texas statute limits when private employers may ask about criminal history.
- An employer generally cannot be sued for negligent hiring just because an employee has a criminal conviction, with exceptions for related offenses, listed violent offenses, and sexually violent offenses the employer knew or should have known about (Tex. Civ. Prac. & Rem. Code § 142.002).
City and county rules
- Since September 1, 2023, Texas law says a city or county may not keep or enforce an ordinance on private-employer hiring practices that goes beyond federal or state law, and any such ordinance is void (Tex. Labor Code § 1.005, added by HB 2127).
- Austin's Fair Chance Hiring Ordinance (City Code ch. 4-15) on its face covers employers with at least 15 people working primarily in Austin and bars criminal history questions until after a conditional offer (Austin Ord. 20160324-019, §§ 4-15-2(F), 4-15-4(C)).
- Austin's ordinance also requires an individualized assessment and written notice that an adverse action was based on criminal history (Austin Ord. 20160324-019, § 4-15-4(E)-(F)).
- The City of Austin's website still describes the ordinance and its complaint process, and no official source was found that applies Labor Code § 1.005 to it, so its enforceability against private employers is unsettled (Tex. Labor Code § 1.005).
State consumer report rules
- Texas has its own consumer credit reporting law in Business & Commerce Code chapter 20, but it adds no employment disclosure, consent, or notice steps beyond the federal FCRA (Tex. Bus. & Com. Code ch. 20).
- A CRA may not include medical information in an employment report unless the person consents (Tex. Bus. & Com. Code § 20.05(c)).
- A private company that sells criminal history must delete records once notified of an expunction or order of nondisclosure, and it is liable for damages if it keeps disseminating them (Tex. Gov't Code § 411.0851(a), (c)).
How far back a report can go
- A CRA may not report an arrest, indictment, or conviction whose disposition, release, or parole date is more than seven years before the report (Tex. Bus. & Com. Code § 20.05(a)(4)).
- The 7-year limit does not apply to jobs with an annual salary of $75,000 or more (Tex. Bus. & Com. Code § 20.05(b)(3)).
- A person with an order of nondisclosure does not have to state on a job application that they were the subject of the criminal proceeding covered by the order (Tex. Gov't Code § 411.0755).
- After a final expunction order, the person may deny that the arrest happened and that the order exists (Tex. Code Crim. Proc. art. 55A.401, eff. Jan. 1, 2025).
Credit checks
- No Texas law was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Nursing facilities, assisted living facilities, home and community support services agencies, and other listed facilities may not hire an applicant whose criminal history check shows a barring conviction, and must check the nurse aide and employee misconduct registries (Tex. Health & Safety Code §§ 250.001, 250.003).
Common questions
Can Texas employers run a background check?
Texas has no statewide ban-the-box law for private employers, and a 2023 state law voids city rules on private-employer hiring practices that go beyond state or federal law. Texas bars CRAs from reporting criminal records more than seven years old for jobs paying under $75,000 a year. People with expunged records or orders of nondisclosure do not have to reveal them on job applications.
Does Texas have a ban-the-box law for private employers?
No Texas statute limits when private employers may ask about criminal history.
How far back does a background check go in Texas?
A CRA may not report an arrest, indictment, or conviction whose disposition, release, or parole date is more than seven years before the report (Tex. Bus. & Com. Code § 20.05(a)(4)).
Can Texas employers run credit checks on applicants?
No Texas law was found that limits employer use of credit reports beyond the federal FCRA.
Some rules for Texas weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Tex. Bus. & Com. Code ch. 20 (§§ 20.01, 20.05) (official TLC)
- Tex. Gov't Code ch. 411 (§§ 411.0755, 411.0765, 411.0851) (official TLC)
- Tex. Code Crim. Proc. ch. 55A (art. 55A.401) (official TLC)
- Tex. Labor Code ch. 1 (§ 1.005) (official TLC)
- Tex. Civ. Prac. & Rem. Code ch. 142 (§ 142.002) (official TLC)
- Tex. Health & Safety Code ch. 250 (official TLC)
- Austin Ordinance No. 20160324-019, City Code ch. 4-15 (official city PDF)
- City of Austin, Fair Chance Hiring page (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.