Texas Background Check Laws (2026 Guide)

Texas does not have a single unified background check statute. Instead, the state relies on a combination of federal law, state statutes, recent legislation, and (in limited cases) local policies that together govern how criminal history information can be used in employment, housing, and professional licensing decisions.

Whether you are an [employer screening job applicants, a landlord reviewing tenants, or someone with a criminal record trying to rebuild, understanding these overlapping rules is essential. This guide covers every major aspect of Texas background check law based on statutes and regulations currently in effect.

How Criminal Background Checks Work in Texas

The Texas Department of Public Safety (DPS) Crime Records Service operates the state criminal background check system. Employers, licensing agencies, and other authorized parties can request criminal history record information through DPS.

Texas offers several types of criminal history searches. Name-based searches can be conducted online through the DPS Computerized Criminal History (CCH) system. Fingerprint-based searches go through the Fingerprint Applicant Services of Texas (FAST) system, administered by IDEMIA, which provides electronic fingerprint capture at locations statewide.

For fingerprint-based checks, applicants schedule an appointment through the IdentoGO website or by calling 1-888-467-2080. The fee for electronic fingerprinting through FAST is approximately $20 for two hard cards, plus an additional $10 fingerprinting processing fee. Results are typically available within 10 business days.

Texas also maintains several publicly accessible databases. The Violent Offender Database and the Texas Public Sex Offender Website are available at no cost. The Texas Department of Criminal Justice (TDCJ) provides an Inmate Information Search for looking up current and former inmates.

Ban the Box: Texas HB 2466

On March 6, 2025, the Texas Legislature passed House Bill 2466, a statewide "Ban the Box" law that takes effect on September 1, 2025. This law represents a significant shift in how Texas employers can handle criminal history inquiries during the hiring process.

What HB 2466 Requires

Under HB 2466, employers cannot include questions about criminal history on initial employment application forms. An employer may only inquire about or consider an applicant's criminal history after determining that the applicant is "otherwise qualified" for the position and has been either conditionally offered employment or invited to an interview.

The term "applicant" under the law includes any individual who submits an oral or written job application, resume, or employment inquiry correspondence. "Criminal history record information" is defined by reference to Texas Government Code Section 411.082, which covers arrest, detention, indictment, and conviction data maintained by criminal justice agencies.

Which Employers Are Covered

HB 2466 applies to private employers with at least 15 employees and to public employers. The definition of "employer" follows Texas Labor Code Section 21.002. Small businesses with fewer than 15 employees are exempt.

Exemptions

The law does not apply to positions where considering criminal history is required by law. This includes roles in law enforcement, positions involving the care of children or vulnerable populations, jobs requiring security clearances, and other positions where federal or state law mandates a criminal background check as a condition of employment.

Local Ordinances and State Preemption

Before HB 2466, some Texas cities enacted their own fair chance hiring ordinances. Austin passed the first such ordinance in the Southern United States in March 2016, requiring employers to delay criminal history inquiries until after a conditional employment offer.

However, in 2023, Texas passed House Bill 2127, known as the Texas Regulatory Consistency Act. This law preempts local governments from enacting employment regulations beyond the scope of state law. As a result, local fair chance hiring ordinances in Austin and DeSoto are no longer enforceable. HB 2466 now provides a uniform statewide standard.

The Seven-Year Lookback Period

Texas Business and Commerce Code Section 20.05 restricts consumer reporting agencies from including certain dated information in background reports. Under this provision, a consumer reporting agency generally cannot report records of criminal convictions that are older than seven years from the date of the consumer report.

The $75,000 Salary Exception

This seven-year restriction does not apply when the background report is prepared in connection with employment at an annual salary of $75,000 or more. For higher-paying positions, consumer reporting agencies may report criminal history extending back to the applicant's 18th birthday.

How the Lookback Period Works

The seven-year clock runs from the date of disposition (conviction, release, or parole), not from the date of the offense. The rule applies based on where the applicant lives and works, not where the criminal record originated. For example, if a candidate lives and applies for work in Texas but has a conviction from another state that is older than seven years, that conviction generally will not appear on the background report.

FCRA Preemption Considerations

There is ongoing legal debate about whether the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) preempts Texas's seven-year limitation on reporting convictions. The FCRA, at 15 U.S.C. Section 1681c, restricts reporting of certain adverse information older than seven years but does not impose a time limit on reporting criminal convictions. Some legal commentators argue that the FCRA's preemption provision at 15 U.S.C. Section 1681t may override Texas's stricter state-level time limit.

In 2022, the Consumer Financial Protection Bureau (CFPB) issued guidance clarifying that FCRA preemption of state reporting restrictions is limited. For practical purposes, most consumer reporting agencies operating in Texas follow the seven-year rule as a cautionary measure.

FCRA Requirements for Employer Background Checks

Any Texas employer who uses a third-party consumer reporting agency to conduct background checks must comply with the Fair Credit Reporting Act. The FCRA imposes specific procedural requirements that apply before, during, and after the screening process.

Before Ordering a Background Check

The employer must provide the applicant with a clear, written disclosure (as a standalone document) that a background check will be conducted. The applicant must provide written consent authorizing the check.

Before Taking Adverse Action

If the employer intends to deny employment based in whole or in part on information from the background report, the employer must first provide the applicant with a pre-adverse action notice. This notice must include a copy of the background report and a copy of the FTC's "Summary of Your Rights Under the Fair Credit Reporting Act."

The applicant must be given a reasonable period (typically five business days) to review the report and dispute any inaccuracies.

After Taking Adverse Action

If the employer proceeds with the denial, a final adverse action notice must be sent. This notice must identify the consumer reporting agency that provided the report, state that the agency did not make the hiring decision, and inform the applicant of their right to dispute the accuracy of the report and obtain a free copy within 60 days.

EEOC Guidance

The Equal Employment Opportunity Commission (EEOC) also provides enforcement guidance on the use of arrest and conviction records in employment decisions. The EEOC recommends that employers conduct an individualized assessment considering three factors: the nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the job held or sought.

Orders of Nondisclosure: Sealing Criminal Records in Texas

Texas Government Code Chapter 411, Subchapter E-1 provides a framework for sealing criminal records through orders of nondisclosure. Unlike an expunction (which destroys records entirely), a nondisclosure order prohibits criminal justice agencies from disclosing sealed criminal history to the general public while still allowing access for law enforcement and certain authorized agencies.

Types of Nondisclosure Orders

Texas provides five main categories of nondisclosure orders, each governed by a separate statute section.

Automatic Nondisclosure for Certain Misdemeanors (Section 411.072)

This pathway applies to first-time offenders who received deferred adjudication for qualifying misdemeanors. The court issues the order automatically upon meeting the requirements. No formal petition is needed.

To qualify, the person must have no prior convictions or deferred adjudications (other than fine-only traffic offenses), must have successfully completed deferred adjudication with discharge and dismissal, and must have waited at least 180 days from the date community supervision began.

Misdemeanors under Penal Code Chapters 20 (kidnapping), 21 (sexual offenses), 22 (assaultive offenses), 25 (offenses against the family), 42 (disorderly conduct), 43 (public indecency), 46 (weapons), and 71 (organized crime) are excluded from automatic nondisclosure.

Standard Deferred Adjudication Nondisclosure (Section 411.0725)

For individuals who received deferred adjudication but do not qualify for the automatic pathway, this petition-based process applies. This includes people who received deferred adjudication for felonies, for misdemeanors in the excluded chapters listed above, or who have prior convictions or deferred adjudications.

Waiting periods depend on the offense level. Felonies require a five-year wait after discharge and dismissal. Misdemeanors under Penal Code Chapters 20, 21, 22, 25, 42, 43, and 46 require a two-year wait. All other qualifying misdemeanors have no waiting period.

The court must find that issuance serves the "best interests of justice," giving prosecutors the opportunity to raise objections.

Community Supervision Conviction Nondisclosure (Section 411.073)

This category covers individuals who were convicted (not deferred) and placed on community supervision for certain misdemeanors. The person must be a first-time offender, must have successfully completed supervision with discharge and dismissal, and must satisfy the "best interests of justice" standard.

Offenses involving driving while intoxicated (Penal Code Sections 49.04 through 49.065), alcohol to minors (Alcoholic Beverage Code Section 106.041), and organized criminal activity (Penal Code Chapter 71) are excluded.

Misdemeanor Jail Time Nondisclosure (Section 411.0735)

Individuals convicted of a misdemeanor who served jail time (rather than receiving community supervision) may petition for nondisclosure after a two-year waiting period from their release from confinement. The same exclusions for DWI-related and organized crime offenses apply.

DWI Deferred Adjudication Nondisclosure (Section 411.0726)

For misdemeanor DWI and boating while intoxicated offenses handled through deferred adjudication, a separate process applies. If the person completed at least six months with an ignition interlock device, the waiting period is two years from discharge and dismissal. Without the interlock compliance, the waiting period extends to five years.

Offenses That Permanently Bar Nondisclosure

Under Texas Government Code Section 411.074, certain offenses permanently disqualify a person from receiving any nondisclosure order. A person who has ever been convicted of or placed on deferred adjudication for any of the following may not obtain a nondisclosure order for any offense:

• Murder (Penal Code Section 19.02) or capital murder (Section 19.03)
• Aggravated kidnapping (Section 20.04)
• Trafficking of persons (Section 20A.02) or continuous trafficking (Section 20A.03)
• Injury to a child, elderly individual, or disabled individual (Section 22.04)
• Abandoning or endangering a child, elderly, or disabled individual (Section 22.041)
• Violation of protective orders in family violence or trafficking cases (Section 25.07 and 25.072)
• Stalking (Section 42.072)
• Any offense requiring sex offender registration under Chapter 62, Code of Criminal Procedure
• Any offense involving family violence

Effect of Nondisclosure on Background Checks

Once a nondisclosure order is granted, the sealed records will not appear in public criminal history searches conducted through DPS. However, the records remain accessible to criminal justice agencies for law enforcement purposes and to certain authorized noncriminal justice agencies, including financial regulatory bodies and entities involved in critical infrastructure.

Evidence subject to a nondisclosure order also remains admissible in subsequent criminal proceedings.

Housing Background Checks in Texas

Texas landlords are permitted to conduct background checks on prospective tenants, but state and federal law impose limits on how criminal history can be used in housing decisions.

Texas Property Code Requirements

Under Texas Property Code Section 92.3515, landlords must provide prospective tenants with written "tenant selection criteria" before accepting an application or collecting a fee. These written criteria must outline the landlord's standards for evaluating applications, including any criminal history policies.

Applicants must sign a form acknowledging they received the criteria. If the landlord does not obtain this signed acknowledgment, the landlord cannot legally deny the applicant based on those undisclosed criteria.

Federal Fair Housing Considerations

The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket bans on renting to anyone with a criminal record may violate the Fair Housing Act if they have a disparate impact on protected classes. Under HUD guidance, landlords should not deny housing based solely on arrest records (as opposed to convictions) and should conduct individualized assessments when evaluating criminal history.

Landlords who deny an application must send a written adverse action notice explaining which criteria the applicant did not meet, which screening company was used, and how the applicant can dispute errors in the background report.

Federally Assisted Housing

For federally assisted housing programs, federal law prohibits renting to individuals subject to lifetime sex offender registration or those convicted of manufacturing methamphetamine on federally assisted property. Beyond these mandatory exclusions, public housing authorities set their own reasonable lookback periods for other offenses.

Professional and Occupational Licensing Checks

Texas Occupations Code Chapter 53 governs how state licensing agencies evaluate criminal history when processing license applications. This chapter has been significantly updated through recent legislation.

What Licensing Agencies Can Consider

A licensing authority may suspend, revoke, or deny a license based on a criminal conviction only if the conviction directly relates to the duties and responsibilities of the licensed occupation, is listed in Code of Criminal Procedure Article 42A.054 (certain serious offenses), or involves a sexually violent offense as defined by Code of Criminal Procedure Article 62.001.

Importantly, convictions for Class C misdemeanors (the lowest level, punishable only by fine) generally cannot be used to deny a license, unless the license authorizes firearm possession and the conviction involves a misdemeanor crime of domestic violence.

Required Individualized Assessment

When evaluating a criminal conviction, Texas Occupations Code Section 53.023 requires licensing agencies to consider several factors. These include the extent to which the license might provide an opportunity for further criminal activity of the same type, the relationship between the crime and the ability to perform the duties of the licensed occupation, and any correlation between the elements of the crime and the occupational responsibilities.

Additional factors include the person's work history, personal references, rehabilitation efforts, and the time elapsed since the offense.

SB 1080 (2025): Provisional Licensing Reform

Senate Bill 1080, signed without Governor Abbott's signature on May 27, 2025, made further changes to occupational licensing for individuals with criminal records. Key provisions include granting the Texas Department of Licensing and Regulation (TDLR) flexibility to evaluate felony convictions on a case-by-case basis rather than automatically revoking licenses. The bill also provides that provisional licenses issued to inmates in TDCJ begin their terms on the date of release, ensuring that the license period is not wasted while the person remains incarcerated.

Preliminary Criminal History Evaluation

Texas Occupations Code Chapter 53 allows individuals to request a preliminary evaluation of their criminal background before investing time and money in completing a full license application. The licensing authority reviews the criminal history and provides a determination of whether the background would prevent licensure. This evaluation gives prospective applicants clarity before committing to the application process.

Recent Changes and Developments

Texas background check law has seen several significant changes in recent years.

2025 Legislation

HB 2466 (Ban the Box): Effective September 1, 2025, this law creates a statewide prohibition on criminal history questions on initial job applications for employers with 15 or more employees. This replaced the patchwork of local ordinances that were preempted by HB 2127 in 2023.

SB 1080 (Occupational Licensing): Effective May 27, 2025, this law expands opportunities for individuals with criminal convictions to obtain occupational licenses by requiring individualized assessments rather than automatic revocations.

2023 Legislation

HB 2127 (Texas Regulatory Consistency Act): Effective September 1, 2023, this law preempted local fair chance hiring ordinances, including those in Austin and DeSoto. While it eliminated local protections, it set the stage for the uniform statewide standard enacted through HB 2466 in 2025.

Expanded Nondisclosure Eligibility

Over several legislative sessions, Texas has steadily expanded the categories of offenses eligible for nondisclosure orders. The addition of automatic nondisclosure for certain misdemeanors (Section 411.072), provisions for DWI deferred adjudication (Section 411.0726), and pathways for veterans treatment court participants (Section 411.0727) and human trafficking victims (Section 411.0728) reflect a broader legislative trend toward second-chance policies.