Employee Background Checks In Texas - Allen, TX - Plano, TX - Frisco, TX (2024)

Employee Background Checks In Texas - Allen, TX - Plano, TX - Frisco, TX (1)Individuals applying for jobs in the state of Texas are likely to find that prospective employers want to run a background check. Employee background checks in Texas are legal, but there are some guidelines that define the type of information employers can look up, and how far back their background check can go.

Employment law attorney Dan A. Atkerson often receives questions about how the employee background check process works. Here, job applicants in Allen, Plano, Frisco, TX, and surrounding areas can receive answers to frequently asked questions about employee background checks.

What Can An Employee See On a Background Check?

Employee background checks are becoming increasingly more common, so it is reasonable for job applicants to expect that their prospective employer will want to run a check. The most common question regarding background checks is what exactly can an employee see when a background check is run.

Legally, employers can look at two types of information: a person’s credit information and their criminal background.

Do I Have to Give My Approval for a Background Check?

Even though state laws allow employers to run an employee background check, it does not give them permission to do so without the employee’s consent. Employers must notify job applicants in writing that a background check will be run.

Furthermore, the employer must receive the applicant’s written consent before the background check to be completed. Before denying an employee background check, applicants should understand that it may disqualify them from the hiring process.

How Far Back Can a Background Check Go?

The general rule for employee background checks in Texas is that employers can look at a job applicant’s history up to the past seven years.

Under certain circ*mstances a prospective employer can extend the background check to go as far back as the applicant’s 18th birthday. Since the courts generally seal the criminal records of minors, there is no need for an employer to go back further than the age of 18.

Are There Exceptions to the Seven-Year Limit on Background Checks?

Yes, there are some exceptions to the seven-year background check rule. Some exceptions include:

  • Jobs with a salary that exceeds $75,000
  • Jobs with an insurance agency
  • Jobs that involve residential deliveries or in-home services (such as plumbers, utility workers, delivery drivers, etc.)
  • Instances when the employer runs a person’s background internally, rather than working with an outside agency

Do Deferred Adjudication, Accepted Probations, or Arrests Show Up?

If someone has been arrested in the past, but was never charged, or if charges are dismissed without an admission of guilt, that will not show up on a criminal background check. Instead, background checks should only contain convictions, guilty pleas, or pleas of no contest. This includes instances where someone makes a guilty plea and then accepts probation or deferred adjudication instead of prosecution.

Learn More About Employee Background Checks

If you’ve been asked to submit to an employee background check and have questions about what may be found or how far back the report will go, attorney Dan A. Atkerson would be happy to address your concerns. To schedule a personal consultation to discuss your situation, send us a message online, or call our law firm at (214) 383-3606.

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Employee Background Checks In Texas - Allen, TX - Plano, TX - Frisco, TX (2024)

FAQs

What background check do most employers use? ›

The most popular form of background check is Level 3 background check. Criminal records, schooling, past employment, and reference checks are all part of this process.

What is the law on employer background checks in Texas? ›

Under Texas law, most employers are limited to a seven-year criminal background check for positions paying under $75,000. If the position will pay more than $75,000, employers are entitled to check the applicant's criminal background back to the age of eighteen.

How far do employer background checks go in Texas? ›

How Many Years Back Does a Background Check Go in Texas? In the state of Texas, criminal background checks generated by an employer can go back seven years into an applicant's criminal and personal history.

How long does a background check take in Texas for a job? ›

A state criminal background check in Texas typically takes one to three business days to process. County checks vary by jurisdiction and may take longer if, for instance, records are not digitized and must be searched or verified manually. Civil court searches in most Texas counties average seven to 10 business days.

How far do most employer background checks go? ›

The Fair Credit Reporting Act (FCRA) has clear guidelines for conducting credit history checks and how far back screening can go. In most cases, screening can go back a maximum of seven years, but there are some exceptions to that rule. For example, previous bankruptcies can be reported up to 10 years back.

Does a felony show up on a background check after 7 years in Texas? ›

People often ask me whether a criminal conviction falls off their record after seven years. The answer is no.

What can a previous employer disclose in Texas? ›

Texas law protects employers who disclose truthful information about former employees “unless the information disclosed was known by that employer to be false at the time the disclosure was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed.” ...

Do dismissed charges show up on a background check Texas? ›

Even if the court dismisses the case, the police still have a copy of the ticket, DPS has a record of it, it can show up on a background check, the Sheriff still has your mugshot and booking documents. You have to go through a formal expunction process for the case to be erased.

What shows up on a Texas background check? ›

Here are a few pre-employment background checks Texas employers commonly conduct: Criminal background checks may search national, federal, state, and county criminal records and reveal misdemeanor and felony convictions.

How far back might an employer search into your background? ›

In general, background checks for employment typically cover seven years of criminal and court records, but may go back further depending on federal and state laws and what is being searched.

Can I be a nurse in Texas with a felony? ›

Criminal background checks are required of all applicants. Prior criminal convictions may cause one to be ineligible for licensure as a registered nurse. Applicants will be responsible for obtaining a background check and paying appropriate fees to be fingerprinted for the Texas Board of Nursing.

What stage of the hiring process is the background check? ›

A background check often occurs near the end of a hiring process as one of its final steps or may occur after an employer extends an offer. Employers usually pay for background checks, so they often only perform background checks on interviewees whom they're interested in hiring.

What if there is no response after background check? ›

If you still do not get any response, it means your employer is still engaged in the background check of applicants. Hence, you must wait for at least a week to follow up next time for the required details.

Does onboarding mean I passed the background check? ›

Typically, if you are scheduled for onboarding, then the company wants to hire you but it does NOT necessarily mean you passed the background check. Some companies will have you start while the investigation of your background is ongoing and retain the right to rescind the job if you fail the check.

What takes the longest on a background check? ›

Criminal checks

If a candidate's criminal history is limited to one state, or one home country, then the check can take one to two business days. However, verifying international records takes much longer. If the candidate has emigrated or worked in different countries, this process can stretch up to, or past, 20 days.

How often do employment background checks fail? ›

And even then, the majority of employers (59%) only disqualify 5% or fewer applicants based on past criminal convictions, according to Sterling Talent Solutions' Background Screening Trends & Best Practices Report—and 67% of employers said they would proceed with a candidate evaluation after finding a conviction not ...

Do background checks reach out to previous employers? ›

A background check helps to verify your previous employers and that you have the relevant skills an employer wants. To check your credentials, a prospective employer calls your previous employers directly to verify the accuracy of jobs and dates of employment in your application.

How long does a felony stay on your background check in Texas? ›

Class A and B misdemeanors: One year. Felonies: Three years.

How long does a Texas criminal background check take? ›

Question: How long does it take to get a criminal history record check? Answer: Once the information is received, it may take approximately 10 business days for the results.

What crimes can be expunged in Texas? ›

The State Bar of Texas explains that your crime may qualify for expungement if one or more of the following factors are present in your case:
  • You were arrested but never charged.
  • The charges brought against you were eventually dismissed.
  • You were the victim of identity theft.
  • You were found not guilty in a trial.

What is HR allowed to ask from previous employers? ›

They are also not obligated to withhold such information. However, state laws vary on the level of detail that an employer can divulge. Generally, previous employers are allowed to disclose dates of employment, details of work performance along with the basic responsibilities and expectations that came with a role.

Can an employer tell another employer not to hire you? ›

Even someone you worked for a few years back could prevent you from getting a job if they give a company reason to be concerned about hiring you. Some companies have a policy of not providing anything beyond basic verification information like start and end dates and position(s) held.

Can my previous employer disclose why I was fired in Texas? ›

After getting fired, many job seekers are always concerned about what their former employer can say about them when looking for a new job. The truth is, no federal or state law prohibits your former employer from stating that you were fired; most employers just choose not to, and for valid reasons.

Who can see expunged records in Texas? ›

This is a state process, so the federal government can still access and use your sealed criminal records against you. Furthermore, all law enforcement agencies and some other state agencies will still have access to your sealed records (the full list of agencies can be found at Texas Government Code Sec. 411.0765).

How long do dismissed charges stay on record Texas? ›

How long do felonies stay on your record in Texas? Under Texas law, criminal charges including felonies and misdemeanors stay on your record permanently. This is true even if the charges were dismissed, you were found not guilty, or you successfully completed deferred adjudication.

What is the statute of limitations for a felony in Texas? ›

The procedures for a crime's statute of limitations can be found under the Texas Code of Criminal Procedure under section 12.01. The statute goes on to state that crimes classified as misdemeanors have a statute of limitations of 2 years while felonies have a statute of limitations of up to 3 years.

What would flag on a background check? ›

One of the most common types of background checks is the criminal check. If there is a felony on your criminal record, it could be a red flag for employers. A history of violent crimes, sexual offenses, robberies, or serious drug offenses can make it difficult to pass a background check.

How far back should a resume go? ›

Generally, experts recommend keeping about 10-15 years of work experience on your resume, but that guidance changes depending on your professional history. Your resume is one of the first things a potential employer sees about you.

How far back does a fingerprint background check go in New York? ›

How Far Back Does a Background Check go in New York? The FCRA's seven-year lookback period limits how long adverse information can be reported and used for hiring decisions for applicants in New York. Arrests that are older than seven years not resulting in convictions will not be reported.

How far back does a fingerprint background check go in Illinois? ›

Under Illinois law, there is no time restriction on how far back a background check may go in terms of identifying any criminal convictions.

What felons Cannot do in Texas? ›

In Texas, convicted felons are not allowed to hold any public office position. In addition to public office, employment may be restricted in some professions, such as law enforcement, teaching, and career fields requiring professional licenses.

Is it hard for felons to get a job in Texas? ›

Arrests and convictions on your record will often make the job hunt more difficult since most employers conduct background checks on their potential employees.

Can I be a nurse in Texas with a misdemeanor? ›

Misdemeanors ~ Texas Board Of Nursing (BON)

If you're applying for a nursing license in Texas or renewing your license, you need to report all criminal offenses, including misdemeanors. The only exceptions to this are Class C misdemeanor traffic violations.

Do background checks come before or after offer letter? ›

Timing Of The Background Check and Why It Matters

At Barada Associates, we always recommend to run a background check on a potential hire before you extend them an offer. If you make a job offer and then run a background check only to find discrepancies and issues, then you'll have to rescind the job offer.

How long does it take to hear from employer after background check? ›

It depends. If you're applying for a non-federal job, the background check will take about a week. If you're applying to a federal position, the background check can take a couple of months. Of course, these timeframes are for the background check itself.

Do background checks happen before or after interview? ›

When do you get a background check? An employment background check usually occurs when you apply for a job or during the interview process, though employers can file for background checks at any point in an employee's career. Often, background checks take place at the end of the hiring process.

Can a company ghost you after background check? ›

Reasons Why You May Be Getting Ghosted After Reference Check

So, a common reason that you may be getting ghosted is a bad reference, which could cause you a job, or at least initiate further discussion at the company.

Why is my background check still pending for job? ›

Some of the most common causes of background check delays include the following: Incomplete information. We may need additional information about your job applicant before we can finalize processing your report. High volume.

What does HR do before job offer? ›

In addition to employment verification and a background check, HR might even do a salary verification to ensure that the candidate's salary history is consistent with information he provided during the interview process or to help your company determine any difference between the candidate's previous earnings and the ...

Does a job orientation mean you're hired? ›

A job orientation does not always mean you got the job.

This means you have been selected to come in and see the facility and work. If you have not had any notice that you have been hired, contact HR to see the status of the application.

How long does new hire paperwork take? ›

Employers are required by law to report all newly hired or rehired employees to the New Employee Registry (NER) within 20 days of their start-of-work date.

What is the Fair Chance Act in Texas? ›

Fair Chance Hiring TOOK Effect ON January 1, 2022

The Council acted in June 2021, to ensure that DeSoto businesses consider the qualifications of job applicants before asking about any past criminal record.

Is Texas a ban the box state? ›

Ban the Box in Texas

The law stipulates that Austin employers with 15 or more team members cannot ask candidates questions about their criminal history (or conduct a criminal background check) until after they have made a conditional job offer.

Can employers ask about arrests in Texas? ›

Contrary to many other jurisdictions, Texas law allows employers to examine arrest and conviction histories when making employment decisions. The only catch is that prospective employers are prohibited from asking about sealed or erased arrests or convictions.

What is the 2nd Chance Act in Texas? ›

In Texas, certain types of first-time, low-level offenders are given this second chance at a fresh start. This helps them to obtain employment without their record being a part of their application. Once you have met all of your obligations under the law, Texas's "Second Chance Law" allows you to move on.

Is Texas a no cause state? ›

Unfortunately for Texas employees, Texas is not a “for cause” state. Instead, Texas has adopted employment-at-will. So when a Texas employee claims “wrongful termination” what he or she really means is “illegal termination.” In Texas, for a termination to be illegal, it must violate a law, statute, or regulation.

What is Texas sb3 law? ›

AN ACT relating to civics training programs for certain public school social studies teachers and principals, parental access to certain learning management systems, and certain curriculum in public schools, including certain instructional requirements and prohibitions.

What is the fighting rule in Texas? ›

This means that dueling is still legal according the Texas penal code. The law states that any two individuals who feel the need to fight can agree to mutual combat through a signed, verbal or implied communication and have at it (fists only, however),” the original post reads.

Is Texas a free fire state? ›

Because Texas is an “employment at-will” state, an employer can fire an employee at any time for any lawful reason. Any lawful reason for termination may include a bad reason or no reason at all.

Is stop and frisk legal in Texas? ›

Under the law, police officers have the right to temporarily detain an individual and pat him or her down to determine if they are carrying a weapon. Legally, this may be done only if law enforcement has a reasonable suspicion that the individual is armed and can potentially pose a threat to others.

What can you not ask in an interview in Texas? ›

Types of Illegal Interview Questions
  • Your age.
  • Your race, ethnicity, country of origin, or where you were born.
  • Your visa status or citizenship status. ...
  • Your gender or sex.
  • Your religion.
  • Whether you have a disability.
  • Whether you are pregnant, plan to become pregnant, or have children.
  • Whether you are married or single.

How long does a felony stay on your record in Texas? ›

Class A and B misdemeanors: One year. Felonies: Three years.

Is it legal to record your boss at work in Texas? ›

Texas is considered a "one-party consent" state. This means that unless at least one of the parties to a conversation consents, both Texas and federal wiretapping laws make it a crime to record an audio conversation, either in person or over the phone, if the parties have a "reasonable expectation of privacy."

Can nurses be around felons? ›

So, the question remains, “Can you be a nurse with a felony?” The short and general answer, yes. It's going to take some time and you might receive a few rejections, but it is possible. If this is really what you want to do with your life, don't give up.

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