What Is the 7-year Rule for Texas Background Checks? A Helpful Guide

Trying to find a job with a criminal record is daunting. There is the fear of judgment and rejection because of the background check process, which is valid. However, there are ways to help people face this challenge.

It's important to understand Texas background check laws, including how far they go back and what they include. This can help people move forward.

Important Facts About Criminal Background Checks in Texas - How Far Back Does a Background Check Go?

Here are some of the most important facts to consider when focusing on background checks:

1. Texas uses the seven-year lookback rule. This means that the background checks can only go back seven years when reporting on the person's criminal history, as long as the job will pay under $75,000 annually. The amount of time involved for credit reporting agencies, however, can differ.

2. Potential employers are allowed to run a background check on any employee.

3. The potential employee must give permission to the employer to run the background check. However, it is the employer's right not to hire someone who refuses.

4. The potential employer must tell the person why they didn't get the job and must forward a copy of the report, as well.

The Equal Employment Opportunity Commission has set these rules in place to make it easier for those who have been convicted of a crime that is seven years old to, in a sense, erase that public information from most databases. While the employee may have to explain the gap in their employment history, it can be much easier for them to get a job when the existence of any criminal records is not present.

Luckily, Texas limits how far back an employer can look when making hiring decisions. Since a previous criminal background may lead them to choose another candidate, this evens out the playing field a bit more. Our team can also give insight on questions like What is the second chance program in Texas?

What Could a Criminal Background Check Show in Texas? Understanding the Background Check Process and the Use of Criminal Records

Those convicted of a crime do deserve a chance at a good job, but employers also have a right to know if that potential employee's background may put their reputation or property at risk. 

Typically, an employer may use information from and conduct background checks on all potential employees. While it sounds outdated, it's still a popular process for business owners.

What generally shows up on a background check? Here are the things a potential employer could find:

• Jurisdictions

• Charges

• Dates

• Offense Type

• Sentencing information

• Case Numbers

Most people wonder if pending charges will show up on a Texas background check. Yes, they could. Therefore, it's crucial to answer honestly on the job application because the employer will likely check the applicant's criminal record before hiring them.

The Most Common Type of Background Check for Employment - How Pre-Employment Screening Works in the Hiring Process

Many states allow employers to make use of criminal records to determine who is a good fit for the job. However, they often purchase comprehensive screening packages that can include:

• A criminal history check that reviews state and federal arrest records

• An employment verification check that confirms previous work history (dates and job titles)

• An education verification check that will validate degrees and certifications

• Other additional screenings, which can include driving records, credit histories, drug testing, and more

How the FCRA (Fair Credit Reporting Act) Comes Into Play for Current and Past Employers

One must give permission for a background check. If they do, they have rights under the FCRA (Fair Credit Reporting Act). Likewise, they must offer written consent and are allowed to receive a copy of the report under both state and federal law.

Generally, many states have this information on their official government websites, but it's also possible to find it on consumer reporting agency sites. Sparks Law Firm can also consult on how to restore civil rights in Texas.

The Rules Surrounding Texas Background Checks - Understanding the 7-Year Rule and Texas Law

In most cases, Texas uses a seven-year criminal background check rule, but there are exceptions.

A background check could cover more than seven years of a person's criminal history if they are applying for a job:

• With an insurance company

• Above a certain income (usually over $75,000)

• That requires one to perform deliveries or in-home services

• Where the company performs background checks internally

How Long Does a Felony Conviction Show on a Record in Texas? Does The Seven-Year State Law Apply? What Are the Eligibility Requirements, and How Does One Expunge Their Record?

Felony convictions often remain on a person's record permanently unless they clear them through a legal action. This can sound discouraging, but there are many options to help with this, such as:

• An expungement will completely remove a criminal conviction from public view. There are strict eligibility requirements involved, but it can offer a fresh start. It's often best to hire a trusted criminal defense lawyer in Fort Worth to help expunge a record.

• An order of nondisclosure will seal the records from (almost all) employers' views. This is available for non-violent felonies, but there is a mandatory waiting period, and one must complete their sentencing requirements.

• Pardons are quite rare but can be granted by the governor in certain circumstances. It won't remove the record, but it does show official forgiveness and might improve a person's employment prospects.

Even if it's not possible to clear the record, Texas law does protect everyone from unfair discrimination. Many employers will look at a person's current conduct and rehabilitation instead of their mistakes.

Worried About a Criminal Record and an Employer Running Background Checks? We Can Help Navigate Texas Background Check Laws

People often ask: How far back does a background check go? However, the answer isn't always simple. In most cases, it is only seven years. Federal and state law have it that way to protect your future and rehabilitate those convicted previously of crimes.

It's important to understand that background checks can cover your whole life, depending on various factors.

Likewise, employers conduct a background check to help them determine who might be the best candidate for the job, but it's not the only thing they look at. Therefore, it's crucial to protect your prospects. You deserve a second chance, and we can assist.

Hiring a criminal defense attorney is the best solution because we can ensure that your criminal record is removed from background checks, especially if seven years have passed. We want to help you embark on the next part of your journey. Finding a decent job is likely the first step. If you're ready, please call Sparks Law Firm to request a free consultation with a criminal defense lawyer.