Complete 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 and how long it takes to conduct one. We’ll also look at how far back screenings may go and the Texas background check laws that apply to local jurisdictions.

Texas employers typically run background checks to confirm that 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 overall reputation.

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 pre-employment screening on prospective drivers, which includes MVRs for driver safety as well as a criminal background check.

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

Texas background checks show a wide range of information about a candidate that goes beyond an application or resume. Commonly searched items on background checks include:

For employers wondering how long a background check will take, it's important to understand that turnaround times vary depending on the scope of the search and 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, or making in-person trips to the courthouse is a heavy lift for most HR teams.

Most checks complete in several days to a few weeks, with timing varying by search scope:

Delays in retrieving county court records often stem from court backlogs, manual file pulls, limited electronic access, holidays, or incomplete identifiers requiring clerks to verify records. Sealed, archived, or off-site files and mismatched personal identifiers can add additional review time.

Employers that choose to partner with a CRA, like Checkr, often experience a more streamlined background check process. 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.

Follow a compliant, step-by-step process that works for both employers and individuals. Understand name-based versus fingerprint-based methods and choose the right background check to fit the specific role you’re hiring.

Under the Fair Credit Reporting Act (FCRA), employers must have a clear, standalone disclosure about their intentions to run a background check; it can’t be included in the job description. Employers must also obtain written permission from the candidate before running a consumer report.

Select the appropriate search levels based on the role and the candidate’s previous experience:

Options include the Texas Department of Public Safety (DPS) and consumer reporting agencies (CRAs). DPS offers online portal access, mail-in requests, and fingerprint services, while CRAs can bundle multiple searches, support compliance workflows, and manage candidate communications.

Name-based background checks use identifiers like name and date of birth; fingerprint-based checks rely on biometrics and may require candidates to schedule an appointment.

Interpret background check results depending on their relevance to the role you’re hiring. When information in a background check influences a negative hiring decision, the FCRA adverse action sequence applies:

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

Employers can choose to conduct background checks in-house, but 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.

Texas employers who choose to partner with a qualified background check provider often benefit from reduced burdens on staff, 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:

Keep in mind that third-party pass-through fees may apply for court access, state repositories, or motor vehicle records.

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.

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

Both federal and Texas state laws set rules for disclosures, consent, adjudication, and candidate rights. Employers should apply job-related criteria consistently and clearly document their screening decisions.

Under the Texas Business and Commerce Code, certain non-conviction information, such as some arrests and civil judgments, older than seven years generally is not reported for most roles. Exceptions can apply for positions with annual pay over $75,000, and federal law may allow a consumer reporting agency to report some convictions beyond seven years.

In 2023, the state passed the Texas Regulatory Consistency Act (TCRA) 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.

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 comply with all federal and state hiring regulations.

The Fair Credit Reporting Act (FCRA) is a federal law that governs how background checks conducted through a CRA are ordered and how the reported information is considered in hiring decisions. 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.

Guidance from the Equal Employment Opportunity Commission (EEOC) under Title VII discourages blanket exclusions based on criminal history and describes the process of running individualized assessments. The framework considers the nature and gravity of the offense, the time elapsed, the nature of the job, and any job-relatedness analysis.

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.

The Texas Department of Public Safety serves as the statewide repository for criminal history information. The DPS online portal provides name-based criminal conviction searches, and DPS also supports fingerprint-based submissions for more accurate identity matching.

Local criminal records can often be obtained at the county level. Many counties have online databases that store criminal history information like court records and arrests, such as Dallas County and Harris County.

County courts often hold the most current, detailed case-level records. Access methods vary by county and may include clerk-assisted searches, on-site public terminals, or online indexes.

Fingerprint-based searches use biometric matching and reduce record mix-ups for common names, although processing can take longer due to scheduling and submission steps. Name-based online searches process faster, but they rely on personal identifiers that can overlap across individuals.

A Texas DPS search returns only Texas state criminal history records, while a national search can include multi-state databases, out-of-state county criminal checks, and federal court records for candidates who have history outside Texas.

Contact the consumer reporting agency that issued the report to start a dispute. Under the FCRA, the agency conducts a reasonable investigation, corrects or deletes inaccuracies within set timeframes, and notifies you of the outcome. If your error is corrected, that correction will only appear on reports from the CRA you contacted when you disputed the error. If the error appears on a future background check from a different CRA, you’ll have to follow the same process with the other CRA, too.

Yes, with proper consent and a job-related purpose, employers may monitor their workforce for recent criminal activity. Like initial screening, continuous monitoring requires disclosure and consistent application across similar roles.

Working with a qualified CRA, like Checkr, to conduct pre-employment background checks in Texas can help you streamline a complicated process and navigate hiring laws with greater confidence. Checkr offers multiple screening options to meet the needs of small businesses and large enterprises alike. Our mobile-optimized platform and automated workflows help make the background check process more efficient for you and your candidates.

Checkr helps Texas employers and individuals run compliant, fast background checks with transparent pricing and a candidate-friendly experience. Our workflows align with FCRA requirements, adverse action steps, and Texas pass-through fee practices. Get started with Checkr today.

About the author

Checkr is the data platform that powers safe and fair decisions. We’re a technology company that helps our customers assess risk, modernize hiring, and cultivate trusted relationships in their workplaces and communities.