Texas background check laws for employers

The FCRA sets the process in Texas

Texas has no statewide ban-the-box law for private employers. An employer can ask about criminal history on the application or at any later stage, unless a rule for a specific job or license says otherwise.

When the employer uses a background check company, the federal Fair Credit Reporting Act applies in full: a clear written disclosure, the candidate's written authorization, a copy of the report and the FCRA Summary of Rights before an adverse decision, and an adverse action notice after it.

Austin and the 2023 state law

Austin adopted a fair chance ordinance in 2016 for private employers with 15 or more employees. It delays criminal history questions until a conditional offer and requires an individualized assessment. The city still publishes the ordinance and its materials.

In 2023, Texas passed HB 2127, which limits city and county rules on private employment practices beyond what state law covers. The Texas Workforce Commission describes it as nullifying ordinances such as Austin's. Several cities challenged the law; in July 2025 a state appeals court ruled against them, and the law is in effect. Austin still publishes its ordinance, so for covered Austin roles, waiting for a conditional offer satisfies both readings.

Records Texas employers can't use

Once a court orders a record expunged, it can't be released, kept or used, and the person can deny that the arrest happened. Texas moved its expunction rules into a new Chapter 55A of the Code of Criminal Procedure on January 1, 2025.

An order of nondisclosure is different. It seals the record from the public but doesn't erase it, and some licensing and regulated employers can still see it.

The seven-year reporting rule

Texas law has its own reporting limit: a background check company may not report arrests, indictments or convictions more than seven years old, counted from disposition, release or parole. The limit doesn't apply to jobs paying $75,000 a year or more.

The Texas State Law Library notes that the federal FCRA may preempt this state rule. The FCRA has no time limit for convictions, but limits most other negative records to seven years, with the same $75,000 exception.

Driving records and driver jobs

The Texas Department of Public Safety charges $7.50 for a driving record in PROFID's published fee table, and $6.50 for a three-year record. Personal information on a driver record is released only for a permitted purpose, such as the driver's written consent or the verification of a commercial driver's license.

Texas employers can set their own drug testing policies and act on a positive result under them. The state's medical cannabis program does not give employees a general right to an accommodation.

What a Texas check costs

PROFID's packages are $27.99, $49.99 and $74.99 per candidate on the review date; current prices are on the pricing page. On top of the package come passthrough fees like those above: $7.50 for a driving record, $3.35 for the statewide criminal search, and a court fee in the few counties that charge one. See what drives the cost of a background check and the full passthrough fee table.

General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.