Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Texas: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Texas has no statewide ban-the-box law. House Bill 2466, which would have restricted when employers could ask about criminal history, was referred to a House subcommittee on March 17, 2025, and did not advance further before the legislative session ended. Employers may ask about criminal history at any stage of the hiring process, subject to federal EEOC guidance against blanket exclusions.
Criminal Record Lookback Period
Tex. Bus. & Com. Code § 20.05 generally prohibits reporting arrests, indictments, or convictions older than 7 years, measured from the date of disposition, release, or parole.
*This limit does not apply to positions with an annual salary of $75,000 or more.
*Legal commentary questions whether this state cap is preempted by the federal FCRA, so employers should treat it as unsettled and consult counsel on their reporting practices.
Reporting Restrictions
Texas regulates consumer reporting agencies under Business and Commerce Code Chapter 20, but its only criminal reporting limit is the 7 year cap covered above. Texas does not prohibit reporting records that did not result in a conviction.
Expunged / Sealed Records
Texas allows certain criminal records to be expunged (destroyed) under the Code of Criminal Procedure, or sealed from public and most employer access through an order of nondisclosure. Employers generally may not consider expunged records, and background check companies must remove records once notified of a nondisclosure order.
Salary History Ban
Texas has no law restricting employers from asking about or relying on a candidate's salary history. Employers may request and use prior compensation information, subject to federal equal-pay and anti-discrimination laws.
Credit Report Restrictions
Texas imposes no state-level restriction on which positions may consider a candidate's credit history. Only the federal FCRA's standard disclosure, authorization, and adverse action requirements apply.
Bankruptcies
Bankruptcy records generally cannot be reported if more than 10 years old, measured from the date of the order for relief or adjudication.
Civil Judgments & Lawsuits
Texas prohibits a consumer reporting agency from reporting a suit or judgment where the date of entry is more than 7 years old or beyond the governing statute of limitations, whichever is longer. This limit lifts for positions paying $75,000 or more annually.
Tax Liens & Collections
Texas prohibits a consumer reporting agency from reporting a tax lien more than 7 years after the date of payment. This limit lifts for positions paying $75,000 or more annually.
Marijuana / Drug Testing Protections
Texas provides no employment protections for marijuana use, on- or off-duty. Private employers may drug test and take adverse action based on results, subject to a written policy and consistent application.
Pre-Adverse Action Notice & Waiting Period
Texas has no state law setting a specific waiting period before taking adverse action. Only the federal FCRA's "reasonable time" standard applies; courts and FTC guidance generally treat 5 business days as a reasonable minimum.
Adverse Action Notice Requirements
Texas imposes no additional adverse action notice requirements beyond the FCRA. Employers must notify the applicant and identify the reporting agency after a final adverse decision.
Authorization Requirements
Texas imposes no additional disclosure or authorization format requirements beyond the FCRA. A standalone written disclosure and written authorization are required before a report is procured.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Foster/Adoptive Home Screening
Employers operating licensed childcare facilities or homes must obtain criminal background checks on staff. The requirement extends to prospective foster and adoptive parents and certain household members age 14 and older.
School District Contractor Screening
Contractors and individuals with access to a school district must be screened for felony convictions; certain findings must be reported to the district for a determination on contract continuation.
In-Home Service Company Screening
Companies that send individuals into a customer's home to perform services must conduct a criminal background check on those individuals before doing so.
Medical Information in Employment Reports
A consumer reporting agency may not furnish medical information about a consumer in a report obtained for employment purposes unless the consumer consents to it.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Texas has no local ordinances regulating criminal history inquiries by private employers. A 2023 state preemption law bars cities and counties from adopting employment rules beyond state law, and Austin's earlier Fair Chance Hiring Ordinance is no longer enforceable against private employers
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Texas gives employers broad latitude in hiring. To stay compliant:
Do not ask about or consider expunged records or records under an order of nondisclosure, and do not require applicants to disclose them. Keep consumer-report criminal history to the 7-year window unless the role pays $75,000 or more, noting this state cap's enforceability is unsettled. Apply your criminal history and drug-testing policies uniformly across applicants to limit disparate-impact exposure. Conduct an individualized review of any conviction against the specific job rather than a blanket exclusion, consistent with EEOC guidance. Confirm whether an industry-specific screening mandate applies (childcare, schools, in-home services, healthcare). Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
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