Guide to Texas Background Checks

Before conducting pre-employment background screenings, it’s important for employers to understand how background checks work and what federal, state, and local regulations may apply. This guide covers how Texas background checks work, how long it takes to conduct one, how far back screenings may go, and Texas background check laws applicable to local jurisdictions.

Texas employers typically run background checks to confirm a candidate or volunteer has the necessary qualifications for a role. Pre-employment screenings offer insight into a candidate’s history beyond what shows up on a resume or application, like criminal history or professional references. Background checks also help employers maintain a safe and productive work environment, mitigate risk, and protect their brand. 

Some Texas employers may be required by law to conduct background checks. For example, the Texas Department of Licensing and Regulation (TDLR) requires ridesharing services to conduct a pre-employment screening that includes MVRs for driver safety as well as a criminal background check.

Even when not required by law, many employers choose to conduct a comprehensive background check in Texas to make informed hiring decisions.

The cost of a Texas background check for employment varies widely depending on who is conducting the search, the type of reports ordered, and the frequency of checks. 

Employers can choose to conduct background checks in-house, but should consider the cost to have staff source, review, and follow-up on reports. Free background checks in Texas may include limited publicly available information, but prices for more detailed reports generally depend on the type of records ordered. For instance, Texas motor vehicle records range from $4.50 to $22. The time it takes to manually order and review reports can also result in higher operating costs and lower ROI. 

Texas employers who choose to partner with a qualified background check provider often benefit from reduced staff burdens, lower overhead costs, and comprehensive screening packages. For example, Checkr offers packages that start at $29.99 that can be customized to fit your hiring needs, including criminal records searches, employment and education verification, driving records, drug testing, and more. 

Individuals can run a Texas background check on themselves, though the results may be limited. Like employers, individuals can choose to search public databases or order records on their own; fees will vary, depending on the type of report. For instance, to order Texas criminal background check records through the Texas DPS database, individuals must create an account and purchase credits for each search which start at $1.00 each.

Individuals can also use Checkr’s personal background check service which can be easily requested and viewed online. This search includes a Social Security number (SSN) trace, national criminal search, global watchlist search, and sex offender registry search. 

Texas background checks show a wide range of information about a candidate that goes beyond an application or resume. This may include criminal records, credit history, driving records, and more. Background screenings may also verify information such as education and employment history. Here’s what shows up on some common types of Texas background checks. 

• Criminal background checks show felony and misdemeanor convictions, arrest records, and pending criminal cases. 
• Driving record checks show license type and status, suspensions, revocations, and motor vehicle-related offenses, like DUIs.
• Credit background checks report on a candidate’s credit history, which may include payment history, accounts in collections, and bankruptcies. This type of check is often used for jobs that require financial responsibility.
• Civil court searches identify a non-criminal court history, such as tax disputes, liens, and judgments.
• Employment verification reports previous employers, positions held, and employment dates. 
• Education verification reports schools attended, degrees earned, and graduation dates. 
• Drug testing indicates whether there is evidence of current or past use of certain illegal and prescription drugs.

For employers wondering “how long does a background check in Texas take,” it's important to understand that turnaround times vary depending on the scope of the search, the type of records requested. For example, ordering Texas driving records online may be quicker than requesting them by mail. 

Running background checks in Texas on your own can be time-consuming. Contacting past employers, submitting requests to government agencies, and searching county court records online or with in-person trips to the courthouse can burden your HR team.

Employers that choose to partner with a CRA, like Checkr, often experience a more streamlined background check process, allowing staff to focus on other initiatives. Using advanced technology, Checkr is able to gather and sort data from thousands of databases and record sources—delivering 89% of all criminal searches within one hour. Plus, Checkr’s candidate portal provides both candidates and hiring managers transparency into the real-time status of each report. 

Thistle, a plant-forward meal delivery service, is on a mission to make it easy to get and stay healthy while improving the sustainability of our food system. With their previous background check provider, they were experiencing slow turnaround times, candidate drop-off, and a cumbersome experience for candidates, so Thistle sought a more efficient and automated solution.

Since partnering with Checkr, Thistle has significantly reduced the time it takes to fill positions. The quick turnaround time on background checks, within 48 hours or less, has allowed them to bring new hires on board quickly and avoid the costs associated with candidate drop-off. Plus, they often receive positive feedback from candidates about the quick and simple screening process using Checkr. 

Employers can choose to perform a Texas criminal records search directly or partner with a qualified CRA. Employers that conduct screenings on their own can often order reports online, by mail, or in-person from courthouses and law enforcement agencies.

Local criminal records can often be obtained at the county-level. Many counties have online databases that contain criminal history information like court records and arrests, such as Dallas County and Harris County. Texas criminal records and name-based criminal conviction records are also available online through the Texas Department of Public Safety (TXDPS), including fingerprint-based checks through the FACT Clearinghouse. TXDPS also operates the state’s Computerized Criminal History (CCH) system, which acts as a statewide repository for criminal history record information reported by local criminal justice agencies.

Checkr offers comprehensive criminal background checks for employers which can include federal, national, state, or county criminal record checks, sex offender registry check, global watchlist search, or international criminal searches.  

Individuals looking for a better understanding of what may show up on a criminal background check in Texas may choose to run a personal background check on themselves. With Checkr, individuals can purchase a view of your records, including a national criminal search, SSN number trace, sex offender search, and global watchlist search.

Summary: This statewide law limits how far a background check in Texas can go for certain record types. Civil lawsuits and judgments, arrests, indictments, paid tax liens, and medical collections are limited to seven years. Convictions are also limited to seven-year lookback periods, however, this is preempted by federal law. Lookback restrictions don’t apply to roles with an expected salary of $75,000 or more and certain positions in the insurance industry. See law. 

Summary: In 2023, the state passed this new law on background checks in Texas, which nullifies any previously existing county or city Ban the Box laws under Labor Code Section 1.005. Texas employers are instead encouraged not to ask about a candidate’s criminal history until after making a conditional offer of employment. See law.

After the passing of the TCRA, local Ban the Box laws in all Texas city and county jurisdictions are now preempted by state law. Employers must still be sure to comply with all federal and state fair hiring regulations. 

Summary: Texas employers who choose to partner with a CRA to conduct pre-employment background checks are required to comply with certain regulations under the federal FCRA. This includes providing notice to the candidate of your intent to conduct a background check and receiving written consent before proceeding. If information that appears on a background check results in an adverse decision regarding the candidate or employee, the employer is responsible for following the adverse action process. See law. 

Working with a qualified CRA, like Checkr, to conduct pre-employment background checks in Texas can help you streamline a complex process and navigate hiring laws with greater confidence. Checkr offers multiple screening options to meet the needs of businesses of all sizes, with a mobile-optimized platform and automated workflows to help make the background check process efficient for you and your candidates. Get started with Checkr today.

About the author

Sarah writes about small business topics and corporate communications. She has written on a wide range of topics, including background checks, hiring trends, company culture, and employee training and development. Her work includes educational articles, press releases, newsletters, and employee onboarding collateral.