Ban the Box Bill in Texas: What Fort Worth Residents Need to Know

In 2025, "Ban the Box" laws have become more popular than ever before as a way to expand job opportunities for those who have a criminal history. These laws are meant to remove the box on an application that asks if you have a criminal history and restrict what employers can ask. This means that instead of not hiring based on criminal history, the employer can make a hiring decision based on qualifications and experience before learning about the criminal background of the applicant.

Many states in the US have state-wide "Ban-the-Box" laws, and in Texas, the state's "Ban-the-Box" bill became law on September 1, 2025. With the passage of Texas House Bill 2466, Texas employers must change the way they consider criminal backgrounds and enact changes in how they hire.

For Fort Worth residents, understanding "Ban-the-Box" laws is important, especially for those who have arrest and conviction records. 

Sparks Law Firm is a Fort Worth criminal defense firm that can help explain this new Texas law and can help take adverse action against employers who do not comply. Our team can also advise on finding housing after criminal conviction in Texas.

What Are Ban the Box Laws in Texas, and House Bill 2466? 

Texas is officially a "Ban-the-Box" state thanks to the passage of HB 2466. This is a major step forward for those who have been previously passed over for jobs by employers who ask about criminal history. This new law, will prohibit employers from considering criminal histories before looking at the applicant's qualifications. This allows for more fair chance hiring, and it will restrict when employers can do a criminal background screening. Previously, certain jurisdictions of Texas, like Austin and Desoto County, had had this law, but now, a statewide Ban the Box law is in place, and both applicants and employers should be aware of what this means. 

What the Ban the Box Bill Does, Who It Covers, and How is a Background Check and Criminal History Record Information Handled?

The ability to inquire about criminal history has been around for decades, and it wasn't until the past few decades that the Equal Employment Opportunity Commission used the Civil Rights Act (Title VII of the Civil Rights Act) to promote the idea that hiring decisions shouldn't be based on a past criminal history. 

Now, in 2025, HB 2466 prohibits many employers from asking applicants about their criminal history on an initial job application. This doesn't mean that they will never ask, but with this law in place, they can only ask about a criminal background after the candidate has been found to be "otherwise qualified" for the job and has been invited to an interview or given a conditional job offer. This gives everyone, even those with a criminal record, a chance to show that they are qualified for a job. 

Here are some of the main details of this new law:

• The law applies to public employers (state and federal ) and applies to private employers with 15 or more employees. 

• Gig workers, independent contractors, and freelancers are not covered, so employers can still, technically, use conviction records in employment decisions and get background reports at any time.

• There are also some exemptions to this law - those in law enforcement, childcare, healthcare, and financial services may still have criminal background checks from the start.

Why Ban-the-Box Matters to Applicants with a Criminal History—Especially in Fort Worth

Since HB 2466 has been enacted, Texas joins 37 states and the District of Columbia in forcing employers to follow these practices. 

Previously, there was not a "Ban-the-Box" law in Fort Worth, but now that there is, the entire state has given more employment opportunities for individuals who have a criminal background, even if there has been little time elapsed since the applicant's last conviction. Employers also must revise their hiring policies to comply with this law or face the risk of legal challenges. 

Though the law prohibits most employers from conducting background checks from the start of the hiring process, there is some ambiguity and different interpretations of HB 2466, which will likely come front and center, specifically the definition of the term “otherwise qualified," which could be open to interpretation. It is likely that enforcement guidance will be necessary. 

What Employers Must Do to Comply and What is Required by Law - An Employer May Still Inquire About an Applicant's Background

As of September 2025, employers in Fort Worth, and throughout Texas, must take on the following new employment practices: 

• Employers must review and update their job application forms to remove any questions about the applicant's criminal history. Again, this does not extend to independent contractors, and other specific jobs, ie, law enforcement.

• Employers must also train their hiring teams on the law and as they use industry best practices, they must remember that they cannot ask about the candidate's criminal history until they have determined that the applicant is qualified for the job and offered an interview or conditional job offer.

• Employers should also be ready to continue to evolve as the interpretation of "otherwise qualified" is fully defined. They also must follow EEOC's guidance when they conduct an individualized assessment of the candidate. 

A background check can still be done, but it cannot be done during the initial application process. This is a very significant shirt in how employers are hiring, and it's giving applicants a better chance of gaining employment after a conviction. 

What Job Seekers Need to Know - Consideration of Criminal History Records

For those with a past conviction, HB 2466 offers a great advantage. Here are some things applicants must also consider with this bill: 

• Employers will first evaluate the applicant's qualifications, and then inquire about the applicant's criminal history further in the process. 

• This allows applicants to explain their record in person, show that they are rehabilitated, and showcase their relevant experience first, before the employer is aware of the criminal record. 

It's also advised for those who may have certain convictions to look into expungements. An expungement, when paired with the new Ban the Box law, can greatly improve the chances of getting hired. 

Navigating Exempt Positions and the Limitations Applicants and Employers in Texas May Have

Though HB 2466 now prohibits the use of arrest and conviction history at the start of the hiring process, there are some exceptions: 

• Sensitive roles, like those in healthcare, childcare, and public safety, are regulated by other laws, and the use of criminal records is allowed from the start. 

• This new law doesn't stop a background check, and this is important to know. Instead, it pushes the background check back. Before the law, the employer could simply see that box checked and push the application aside. Now, they must look at the application, the relevant job history, and make an offer for an interview before they can do a background check. In this case, the applicant is deemed qualified for the job, and the employers cannot use criminal history to eliminate a candidate until after they have seen the qualifications. 

Applicants should also keep this in mind -- an employer can still base a hiring decision on a person's criminal background -- but it's only allowed to occur after the initial qualification stages. 

Legal Role for Criminal Defense Attorneys in Fort Worth - Best Practices

A Fort Worth criminal defense attorney, like those at Sparks Law Firm, can help in a number of ways:

• Helping clients through expungement or nondisclosure processes to clear or limit visible criminal records.

• Helping clients prepare for a discussion about their records once they are asked about them during the hiring process.

• Training or advising employers on revised hiring practices to ensure they are complying with HB 2466.

Because the way the law is written is quite vague, specifically the "otherwise qualified" part, a top criminal defense lawyer in Fort Worth may help both job seekers and employers interpret and apply the law in the best way possible.  

Broader Implications and Legislative Context 

Certain Texas cities and counties, like Harris County, previously had Ban the Box policies—but those were largely made irrelevant by the Texas Regulatory Consistency Act (“Death Star” bill) in 2023. 

Beyond that, adopting Ban the Box laws now puts Texas in line with national EEOC guidance, which discourages blanket denials based on criminal records and encourages individualized, relevance-based assessments.

Final Thoughts for Fort Worth and What Sparks Law Firm Can Do to Help 

The upcoming Texas Ban the Box law (HB 2466, effective September 1, 2025) represents a landmark policy change that promotes fair chance employment statewide. By delaying criminal history questions until after qualifications have been assessed, the law helps reduce systemic bias and improves opportunities for individuals with past convictions.

Yet with change comes uncertainty. The term “otherwise qualified” lacks a clear definition, and understanding how this plays out in real hiring scenarios will require legal insight. A Fort Worth criminal defense attorney from Sparks Law Firm can help clients—both job seekers and businesses—navigate swiftly approaching compliance, advocate for just hiring practices, and safeguard employment rights.

Contact Sparks Law Firm for more information about HB 2466 or for any other criminal defense questions. Free consultations are available.