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.
City-level overlays in Texas
The following city or county ordinances impose additional fair-chance, ban-the-box, or individualized-assessment duties on top of Texas state law. Click through for covered-employer thresholds, timing, adverse-action workflows, and enforcement details.
Frequently asked questions about Texas background checks
How long does a background check take in Texas?
Most SafestHires Texas background checks complete in under 24 hours when the county courts of record are electronic. Manual-access counties in Texas typically add 1–3 business days, and verification-heavy packages (employment, education, professional license) usually land in 1–3 business days end-to-end. See the state-by-state turnaround guide for county-level detail.
What shows up on a Texas employment background check?
A standard Texas employment background check returns an SSN trace and address history, national criminal database scan, sex offender registry, county criminal records for every Texas county lived or worked in during the FCRA lookback window, federal criminal records, and OFAC/global sanctions. Common TX add-ons include employment and education verification, professional license verification, motor vehicle records, and drug screening.
How much does a Texas background check cost?
SafestHires prices Texas background checks per component — no platform fees, no seat licenses, no minimums. A standard county criminal + national database + SSN trace package for Texas typically falls in the $20–$45 range depending on how many TX counties are searched and which add-ons are included. Use the pricing calculator for a TX-specific quote.
Do I need consent to run a background check on a Texas candidate?
Yes. Federal FCRA §1681b(b)(2) requires a stand-alone written disclosure and the candidate's written authorization before any consumer report is procured, and Texas follows that federal baseline. Additional TX-specific disclosures may apply — SafestHires builds the correct Texas disclosure package into every order automatically. See the sample forms library for templates.
Can Texas employers run a Financial Risk Search?
Yes. The SafestHires Financial Risk Search (bankruptcies, civil judgments, and tax liens from public records) is available for Texas hires in fiduciary, finance, cash-handling, and other roles with a documented permissible-purpose need. It is a public-record search — scoped and adverse-actioned like any other component under FCRA §§615 and 604.
How far back can a Texas employer look at criminal records?
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+.