Quick Answer
Texas employers follow the federal Fair Credit Reporting Act (FCRA) when they use a background screening company, plus a few Texas-specific rules. Texas has no statewide ban-the-box law for private employers, Texas DPS conviction and deferred adjudication records are public information, and Texas law limits negligent-hiring claims based only on an employee's conviction. Certain healthcare and long-term care employers must also check state registries before hiring.
Background Screening from Frisco, TX, Nationwide
SaffHire was founded by Robert Krebsbach, John Waak and Jody Thigpen and is headquartered in Frisco, TX. Texas employers work with us for criminal background checks, employment and education verification, drug screening and Motor Vehicle Reports, with packages customized to each client's needs. There are no setup fees and no minimums.
Because many Texas applicants have lived or worked in other states, our Federal, State and County searches cover the jurisdictions where the applicant has lived, not just Texas. For local information, see our Frisco background screening page and our pages for Dallas, Plano, McKinney and Allen.
Texas Rules Employers Should Know
This is general information, not legal advice. Laws change, so review your screening program with your own counsel.
The federal FCRA applies in Texas
When a Texas employer gets a background report from a consumer reporting agency, the FCRA requires a standalone written disclosure and the applicant's written authorization before the report is ordered. SaffHire's invitation workflow collects both electronically. Employers remain responsible for their own hiring decisions and legal compliance.
No statewide ban-the-box law for private employers
Texas does not have a statewide fair chance (ban-the-box) law that limits when private employers may ask about criminal history. The City of Austin adopted a Fair Chance Hiring Ordinance in 2016 that covers certain private employers. In 2023 the Legislature passed HB 2127 (Texas Labor Code section 1.005), which preempts local regulation of private employers' employment practices, and the reach of that preemption has been in litigation. Employers with workers in Austin should check the current status with counsel.
Texas DPS conviction records are public
Under Texas law, conviction and deferred adjudication records maintained by the Texas Department of Public Safety (DPS) are public information and can be searched by name through the DPS Crime Records Service. A statewide repository search is one source; it depends on what courts and agencies report. That is why many employers also add County searches for the counties where an applicant has lived.
Texas limits on negligent-hiring claims
Texas Civil Practice and Remedies Code chapter 142, added in 2013, says a negligent-hiring or negligent-supervision claim cannot be brought against an employer solely because an employee had a criminal conviction. The protection has exceptions, such as when the employer knew or should have known of a conviction for an offense committed under substantially similar job duties or conditions, certain serious offenses, or a sexually violent offense. Knowing an applicant's history and applying consistent written criteria remains important.
Texas reporting limits for older records
Texas Business and Commerce Code section 20.05 says a consumer reporting agency generally may not report arrests, indictments or convictions where the disposition, release or parole is more than seven years old, unless the job's annual salary is, or is expected to be, $75,000 or more. How this provision interacts with the federal FCRA, which does not time-limit reporting of convictions, is debated, so ask your counsel how it affects your program.
Healthcare and long-term care registry checks
Texas Health and Safety Code section 253.008 requires covered facilities and agencies regulated by Texas Health and Human Services, such as nursing facilities, assisted living facilities and home and community support services agencies, to search the Employee Misconduct Registry and the Nurse Aide Registry before hiring and at least annually. Those state registry searches are the employer's responsibility. SaffHire can add federal healthcare sanctions and OIG exclusion screening to a healthcare package.
Searches Texas Employers Commonly Order
- National Criminal Database search: usually SaffHire's minimum package, including an SSN Trace, Sex Offender registry search, Global Security Watch List and the national database search. These usually return in minutes.
- State and County criminal searches for Texas and any other state or county where the applicant has lived. Court access fees may apply to State and County searches (pass-through).
- Motor Vehicle Reports for driving roles. MVRs usually return in minutes. State fees may apply.
- Drug screening, including DOT and non-DOT programs.
- Employment verification and education verification.
Industries We Serve in Texas
SaffHire screens for staffing agencies, healthcare, transportation, manufacturing, hospitality, energy, education, and churches and nonprofits, as well as small businesses. Packages are customized to each client's needs.
How It Works
- Enter the applicant's name and email in your SaffHire portal.
- The applicant receives a secure link to enter their own information and sign the disclosure and authorization.
- Instant searches usually return in minutes; county searches and verifications depend on courts, employers and schools.
- View completed reports in the portal, which is available 24/7. Data is protected with bank-level encryption.
Texas Background Check FAQ
Does Texas have a ban-the-box law for private employers?
Not at the state level. Austin has a Fair Chance Hiring Ordinance, but a 2023 state law (Texas Labor Code section 1.005) preempts local regulation of private employers' employment practices, and that issue has been in litigation. Check the current status with counsel.
Are Texas criminal conviction records public?
Yes. Under Texas law, conviction and deferred adjudication records maintained by the Texas DPS are public information. Many employers also run County searches because a statewide repository depends on what is reported to it.
How long does a Texas background check take?
Instant searches (SSN Trace, Sex Offender, Global Security Watch List, National Criminal Database, state database and MVR) usually return in minutes. Standard Packages 1-3 average 1 day, Package 4 averages 1-2 days, and Packages 5 and 6 average 2-5 days. County searches and verifications depend on courts, employers and schools.
Can you screen applicants who lived outside Texas?
Yes. SaffHire is headquartered in Frisco, TX and serves employers nationwide. Federal, State and County searches cover the jurisdictions where the applicant has lived.
Is there a setup fee or a minimum?
No. SaffHire has no setup fees and no minimums.