Understanding Criminal Background Checks in Texas

The background check process is not standardized in Texas. These checks are subject to different periods and depths based on the type of record, check purpose and state laws.

For instance, in terms of employment background checks, Texas complies with the rules specified by FTC. As per this federal law, employers can investigate a candidate’s criminal history for up to seven years. But some industries and posts may also have different rules. As an example, employers in the transport industry can get a candidate profile dating back to ten years.

In contrast, private citizens or groups may ask DPS to conduct a criminal background check for personal reasons including tenant vetting and hiring. In such a context the searched records may date back even further than seven years.

Limitations on Criminal Background Checks

Despite the fact that Texas background checks may span decades, there are several restrictions individuals and organizations should pay attention to. Such limitations are the type of record to be searched, age at which applicant was convicted and whether any records were expunged or sealed.


For instance, a criminal background check may not disclose the misdemeanor criminal convictions that are more than seven years old. Similarly, felony convictions can be hidden from employers if they have been sealed or expunged. However, certain positions, such as those in law enforcement or child care, may require all criminal records to be disclosed, regardless of their age or status.

Federal and State Background Check Systems

Texas operates under the Federal guidelines for background checks, particularly for firearms purchases and pre employment background checks. Texas is not a point of contact state for the National Instant Criminal Background Check System (NICS), which means that firearms dealers in Texas must initiate background checks by contacting the FBI directly. These federal checks use the NICS database, which may not always include state files​​.

Duration of Background Checks

The specific duration of how far back a background check goes is not uniformly defined in Texas. It largely depends on the type of record and the agency conducting the check. For instance, checks conducted for firearm purchases follow federal guidelines and may access records that are available in the NICS database.


Federal and state laws also have varying requirements for how long certain records must be kept on file. In Texas, juvenile criminal records may be sealed after a certain period of time or upon reaching a certain age, depending on the nature of the offense. Adult criminal records may also qualify for expungement or sealing under specific circumstances.

Expunctions and Sealing of Records

In Texas, certain arrests and criminal records can be expunged or sealed, which affects their visibility in background checks.

Eligibility for Expunction

Expunction in Texas is available for felony and misdemeanor arrests under specific conditions. Arrests that cannot be expunged include those arising out of contempt of court, child support payments, and other civil penalties. The expunction process requires filing a petition, and it can take up to a year for records to be completely destroyed after a judge signs the order​​.

Impact on Background Checks

Once an arrest, criminal record or a criminal charge is expunged, it is removed from public access. This means that it should not appear in most criminal background checks. However, this process does not impact records held by private companies unless specific actions are taken to inform these companies of the expunction.

Sealing of Records (Non-Disclosures)

Apart from expunctions, Texas local laws also allow for the sealing of certain criminal records, known as non-disclosures. Sealing a record restricts its accessibility but does not completely erase it.

Limitations of Sealed Records

Texas may allow sealed records to be available for particular government agencies and others. It must have specific legal purposes, though. Nevertheless, such records would remain invisible for most employment and personal background checks.

Conclusion

In Texas, the length and amount of criminal background checks are determined by several factors such as the type of record to be checked and in accordance with various legal regulations that govern the check. These types of checks can be greatly influenced by the process of expunction and sealing records.

The Law Office of Rolando Cantu can offer legal assistance under Texas law. Knowledge of the laws related to criminal records and the use/abuse of background checks is important for you to safeguard your rights and reputation. Contact our office today for legal help.

Remember that this information is meant to be used only for general guidance. As for specific legal advice or help, it is best to seek professional counseling from a qualified criminal defense lawyer.