Looking for a job with a criminal record can feel intimidating, to say the least. The fear of rejection or judgment during the background check process is completely valid, but understanding Texas background check laws, including what background checks show and how far they go back, can help you get through this challenge with confidence.
At the end of the day, there are several important facts to keep in mind when it comes to background checks:
- Texas follows the “7-year rule,” which means most background checks can only go back 7 years when reporting criminal history, provided the job pays less than $75,000 annually.
- It is legal for potential employers to run background checks.
- You do have to give potential employers permission to run a background check, but be aware that saying no may raise red flags or disqualify you from getting said job.
- A potential employer is responsible for telling you why you did not get a job. They are also required to forward you a copy of the report.
If you’re currently facing criminal charges, don’t wait to see how far back a background check goes before taking action. Contact Thiessen Law Firm immediately to protect your future employment opportunities. Our experienced criminal attorneys in Houston can help prevent charges from becoming convictions that could impact your career prospects.
Call (713) 864-9000 or contact us online today to schedule a consultation.
What does your background check show in Texas?
While those convicted of a crime deserve a fair chance at getting a new job, employers have a right to know whether a potential employee’s background may put their current employees, their property, and their reputation at risk. While the background check may be punitive and draconian, unless you “know a guy,” most employers will run background checks on all job applicants.
So, what typically shows up on a background check? Here’s what you can expect a potential employer to find when performing a background check in Texas:
- Charges
- Case numbers
- Sentencing
- Offense type
- Dates
- Jurisdictions
And if you’re wondering, “Will pending charges show up on a background check in Texas?” the answer is yes. This is why it’s important to answer honestly when you’re asked on a job application whether or not you have a criminal history. Criminal history isn’t an automatic deal-breaker — and besides, who wants to start off their relationship with an employer by lying to them?
Check out our article “Will a misdemeanor affect employment?” to learn more about why it’s important to be honest on your job application.
Looking for a job with a DWI? Check out these articles:
- Is a DWI a red flag on a background check?
- How long until a DWI is off your record?
- Can you be a teacher with a DWI?
What is the most common background check for employment?
The most common type of employment background check is a criminal background check in Texas, but employers often use comprehensive screening packages that include:
Criminal history check
- Reviews state and federal criminal records
- Shows felonies, misdemeanors, and pending charges
- Limited to 7 years for jobs under $75,000 annually
Employment verification
- Confirms previous work history
- Verifies job titles and dates of employment
- May include the reason for leaving
Education verification
- Validates degrees and certifications
- Confirms attendance dates
- Checks accreditation status
Additional screenings
- Credit history (for financial positions)
- Driving records (for driving jobs)
- Drug testing
- Professional license verification
Know that if you consent to a background check, you have rights under the Fair Credit Reporting Act (FCRA). You must receive written notice of the background check and give written permission. If denied employment based on the results, you’re entitled to a copy of the report and an opportunity to dispute any inaccuracies.
How far back can a criminal background check go in Texas?
As mentioned above, when it comes to most background checks in Texas, you can expect them to cover the last seven years of your criminal history. However, there are exceptions to this rule.
A background check will cover more than the past seven years of your criminal history if:
- You are applying for a job above a certain income level (usually $75k)
- You are applying for a job with an insurance company
- You are applying for a job at a government agency
- You are applying for a job that requires you to perform in-home services or deliveries
- You are applying for a company that performs background checks internally
- Most background checks that go beyond the seven-year cut-off stop the background check at the potential employee’s eighteenth birthday. (If you are under twenty-five years old and worried about convictions you received as a minor, relax: a minor’s records are typically sealed.)
People convicted of a felony may also have extra hurdles to jump and may find it near-impossible to get public jobs or in-home service jobs.
How long do felonies stay on your record in Texas?
In Texas, felony convictions typically remain on your record permanently unless you take legal action to clear them. While this may sound discouraging, there may be several legal pathways available to address your record.
- Expungement completely removes your record from public view. You may be eligible if your charges were dismissed or you were acquitted, though strict eligibility requirements apply. Expungement gives you the fresh start you deserve by erasing the record entirely.
- Orders of nondisclosure seal your records from most employers’ views. Available for certain non-violent felonies, you must complete all sentencing requirements and wait through a mandatory period. While not as complete as expungement, it effectively shields your record from most background checks.
- Pardons, though rare, can be granted by the Texas governor for exceptional circumstances. While this doesn’t remove the record, it demonstrates official forgiveness and can significantly improve your employment prospects.
Even if you can’t clear your record, remember that Texas law protects against unfair discrimination, and many employers focus on rehabilitation and current conduct rather than past mistakes.
Learn more about the Texas expunction statute
Background Checks in Texas — FAQ
Does deferred adjudication show up on a background check?
A charge will only not show up on a background check if the charges were dropped and you never pleaded guilty or no-contest to a charge. When you plead guilty or no-contest for deferred adjudication, then the charge becomes visible on a background check (although it will show that you were not convicted).
Learn more about DWI deferred adjudication in Texas
Does Texas follow the 7-year rule background check?
Yes, the 7-year rule background check in Texas is followed for most employment screenings, which means background checks can only report criminal history from the past seven years if the position pays less than $75,000 annually. However, there are exceptions to this rule for certain jobs, including positions with insurance companies, government agencies, and in-home service providers, where background checks can go back further.
Will a felony show up on a background check after 10 years?
Yes, the consequences of a felony conviction can mean it will appear on background checks even after 10 years in Texas. Additionally, felony convictions can still be reported for positions covered by the 7-year rule if an employer conducts internal background checks rather than using a third-party service.
Worried about Texas background checks? Call Thiessen Law Firm for help.
So, how far back does a background check go? Although the 7-year rule is meant to protect your future and help rehabilitate those previously convicted of crimes, background checks can essentially cover your entire life, depending on the circumstances. Your job prospects matter, and a criminal record can impact them for years to come — especially in Texas. At Thiessen Law Firm, we understand how extensive Texas background checks can be, and how to protect your future.
One simple charge could impact your potential job prospects for years. If you’ve been charged with a crime, you need to take it seriously and work with a team dedicated to you and your case. Thiessen Law Firm, led by triple board-certified attorney Mark Thiessen, will work hard to keep these charges from ruining your life.
Give us a call today at (713) 864-9000 or contact us online to schedule a free consultation.
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