Texas background check laws
A practitioner-grade reference to Texas pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to TX.
The four levers at a glance
| Lookback period | 7 years convictions (Bus. & Com. Code §20.05) |
| Ban-the-Box scope | Local — Austin (private), Dallas (city contractors) |
| Salary history | No restriction |
| Cannabis testing | Illegal (limited medical) |
Lookback period
The Texas Business and Commerce Code §20.05 incorporates the FCRA seven-year cap into state law for non-convictions; convictions may be reported beyond seven years for positions paying $75,000+.
Ban-the-Box and Fair Chance rules
No statewide ban-the-box. Austin's Fair Chance Hiring Ordinance applies to private employers with 15+ workers.
Salary history
No statewide salary-history ban.
Cannabis & drug testing
Texas Compassionate Use Program permits low-THC medical use; no recreational legalization and no off-duty protection.
Governing statutes & references
- Bus. & Com. Code §20.05
- Gov. Code §411 (DPS access)
- Austin Fair Chance Hiring Ordinance
SafestHires compliance note
Nondisclosure orders under Gov. Code §411 must be honored and not reported.