Key Takeaways:

  • The Texas Department of Public Safety (DPS) is the primary agency managing background checks, including criminal history records.
  • Background checks in Texas are commonly required for employment, housing, caregiving roles, and professional licensing.
  • Texas DPS background checks for employment can be obtained via fingerprinting or name-based searches, with certain restrictions under state law.
  • Public criminal records can be accessed through the Conviction Database, while private records require authorized access.
  • Texas Public Information Act ensures transparency, but certain records, including sealed and juvenile records, are restricted.
  • Employers conducting background checks must adhere to Texas’ seven-year rule, with exceptions for high-salary positions and specific industries.
  • Fingerprint-based background checks are often required for regulated professions such as healthcare, childcare, and security services.
  • Fees and processing times vary depending on the type of background check requested.

Background Check Texas

Background check Texas are sometimes required for employment or housing, but there are many other reasons for a person to undergo a background check.

A 2010 survey conducted by the Society for Human Resources Management (SHRM) found that 92 percent of employers performed a background check on applicants as part of their pre-employment process, although that trend seems to be decreasing. If you need to access Texas records for background check purposes, you will want to understand how and where to obtain this information.

Records Database to Use

The Texas Department of Public Safety (DPS) manages the background checks in the state of Texas. DPS is the government agency that operates the Conviction Database, a central repository of the public criminal records extracted from the Computerized Criminal History (CCH) system.

The Computerized Criminal History database contains all criminal records, both private and public, and is only accessible by authorized criminal justice agencies and law enforcement. Some background checks in Texas are available to the public, but online through the Conviction Database’s online system. This system only contains public conviction records.

Many public records, like criminal histories, court records, or vital records, can be accessed fairly easily in Texas. There may be application requirements and fees to access this information. These records are accessible as a matter of public safety and is overseen by the Texas Department of Public Safety, or the Texas Office of Court Administration.

Texas believes their citizens should have rights to access the records of many of the government bodies and representatives. This right is provided through the Texas Public Information Act, also known as Texas Government Code 522. Most information is readily accessible; however, there are some documents that may not be. If information has been deemed confidential by law, or a document is currently pending confidentiality, it will not be available for viewing.

Types of Background Checks Available in Texas

Texas offers various types of background checks depending on the need and the requesting entity. These include:

  • Name-Based Criminal History Checks – Searches based on an individual's full legal name and date of birth.
  • Fingerprint-Based Checks – Provides the most accurate results, typically required for employment in regulated industries.
  • Federal Background Checks – Conducted via the FBI’s National Crime Information Center (NCIC) for positions requiring federal security clearance.
  • Sex Offender Registry Checks – Searches in the Texas Public Sex Offender Registry.
  • Driving Records Checks – Available through the Texas Department of Motor Vehicles (TxDMV) for employment-related driving positions.
  • Financial and Credit History Checks – Often required for positions involving financial responsibility.

Employers, landlords, and agencies can request these background checks through the Texas DPS or specialized screening companies.

Vital Records

If you need to access vital records, such as birth, marriage, divorce, and death certificates, you can order them online or in person through the Texas Department of State Health Services. There is a fee for these types of records.

Background and Criminal History Checks

The governing agency you need to work with to obtain background and criminal history information is the Department of Public Safety. To obtain an official state background check with criminal and arrest histories, you can access background and criminal history by utilizing their online search capabilities or by submitting a completed authorized fingerprint card and the necessary fee. If you are searching for the records for someone charged with a Class B misdemeanor or higher, you can obtain this information for the Texas Department of Public Safety’s website.

There are other agencies that maintain this data as well. Some state or county level records can be obtained through the Texas Office of Court Administration, which is overseen by the Texas Supreme Court. The Texas Office of Court Administration oversees all of the information for the court system in Texas. You can also obtain county or municipality level information by contacting the individual county court the case was tried in.

Fingerprint-Based Background Checks in Texas

Fingerprint-based background checks are mandatory for certain employment positions in Texas, including:

  • Healthcare workers
  • Childcare providers
  • Law enforcement and security officers
  • Teachers and school employees
  • Foster and adoptive parents
  • Licensed professionals (e.g., nurses, attorneys, real estate agents)

To obtain a fingerprint-based background check:

  1. Schedule an appointment through the Texas Fingerprint-based Applicant Clearinghouse of Texas (FACT).
  2. Visit an approved fingerprinting location – Texas DPS partners with IdentoGO, an official fingerprinting service.
  3. Pay the required fee, which varies based on the check type.
  4. Receive results – typically processed within 24 to 72 hours for most applicants.

Employers often require fingerprinting for compliance with industry regulations.

How to Get a Texas Background Check

Getting background information in Texas is easier than ever and can be done online or in person. You only need the following information about the person you are searching for:

  • Last, first and middle name
  • Maiden name (if applicable)
  • Date of Birth
  • Social Security Number

Background Checks for Professional Licensing in Texas

Several professions in Texas require background checks as part of the licensing process. Some of the most common include:

  • Real Estate Agents – Texas Real Estate Commission (TREC) mandates background screenings for licensing.
  • Nurses and Healthcare Workers – Texas Board of Nursing requires fingerprint-based checks for all nursing applicants.
  • Private Security Guards – Texas DPS oversees licensing for private security professionals, including armed guards.
  • Attorneys – The Texas State Bar requires applicants to pass a criminal background check.
  • Insurance Agents – The Texas Department of Insurance mandates background screenings for new applicants.

These background checks help ensure that licensed professionals meet state standards for integrity and trustworthiness.

Reasons for a Background Check

There are many different reasons you may need to obtain a background check on someone. Below are a few of the typical reasons:

1. Employment

Many Texas employers conduct background criminal history checks (and sometimes credit checks) as part of their regular onboarding process. It’s important for a company to trust and feel comfortable with a new employee, and having background information on an employee provides some peace of mind. Additionally, information such as the employment history can be verified for accuracy. The pre-employment screening typically covers the last seven years of information.

2. Managers

As background checks are important are for employees, they are even more important for managers that may have a higher level of access to money or assets of the company. Managers are typically held to a higher standard, so the background requirements for a manager may be stricter. If the manager is going to have access to any finances, it is highly recommended to conduct a credit background check.

3. Renters

As a landlord, you are temporarily entrusting your property to a renter. So, it’s important that you verify they can afford to pay for the monthly rents, and that they will take good care of your property. Individuals who have a history of not being a good renter will typically continue that pattern. You have the right as a landlord to conduct a background check on any potential renters prior to a final lease agreement being signed. Items a landlord may screen for include eviction history, criminal background check, and credit history. Additionally, landlords often request personal references to speak on behalf of the prospective renter.

4. EMS or First Responders

EMS and first responders deal with extremely stressful situations on a daily basis. A background check must be completed to demonstrate that they are capable of handling these high-stress situations.

5. Caregivers

Entrusting a stranger to provide care for your loved one can feel a little more comfortable if you have completed a thorough background check.

Difference Between Standard and Criminal Background Checks

A standard background check includes all aspects of a candidate’s background, including their criminal history, employment history, credit information, and lawsuits or non-criminal cases.

Whereas, a criminal background check just includes any Class B misdemeanor or higher charges or prosecution.

Employer Compliance and Legal Considerations

Employers conducting a Texas DPS background check for employment must comply with state and federal regulations, including:

  • Texas Seven-Year Rule – Employers cannot consider convictions older than seven years unless:
    • The applicant is applying for a position paying over $75,000 annually.
    • The industry requires extended screening (e.g., financial services, home healthcare, child care).
  • Equal Employment Opportunity Commission (EEOC) Guidelines – Employers must assess:
    • The nature of the offense.
    • The time elapsed since the conviction.
    • The relevance to the job role.
  • Fair Credit Reporting Act (FCRA) Compliance – Employers must:
    • Obtain written consent before conducting a background check.
    • Provide applicants with a copy of their background report if it influences a hiring decision.
    • Allow candidates to dispute inaccuracies in their report.

Failure to comply with these laws can lead to legal challenges and penalties.

The Rules of Criminal Background Checks

Texas laws state that background information including arrests, indictments, and convictions that are older than seven years cannot be included in an employer’s background check process, unless the position the applicant is applying for pays over $75,000 a year. In this case, someone earning more than $75,000 a year can have their background information screened all the way back to when they turned 18.

As with most other states, the criminal records of minors are generally sealed in Texas.

There are some exceptions to the information above, and the seven-year limit:

  • Insurance Positions: If your employer is an insurance company, they may perform background checks that detail back to your eighteenth birthday.
  • Residential delivery services: Employers must conduct background checks that include the last twenty years for felonies and the last ten years for misdemeanor convictions, theft offenses, and public indecency. This is for positions like UPS and FedEx drivers, as well as service technicians who visit residencies (cable installer, the phone company, plumber, electrician).
  • If the arrest didn’t result in a conviction, pleas of no contest, or guilty plea shouldn’t be taken into consideration for employment decisions. Think of the rule of thumb “innocent until proven guilty.” Even though arrests shouldn’t show up on the background check, if the employers finds out about an arrest without a conviction through other methods, that information cannot be considered as part of the employment decision.

Although there aren’t any laws in Texas that prohibit employers from using an arrest to make an employment determination, the EEOC prohibits it based on federal anti-discrimination law. Such policies tend to discriminate against minorities, who are more likely to be arrested than white people. The EEOC might dictate you be less strict than looking at the past seven years. The background check may include information for the past seven years, but there may be situations where you should only review the past three or four years, and only be able to look for specific types of convictions.

Frequently Asked Questions:

1. How long does a Texas DPS background check take?

Name-based checks take 1-2 business days, while fingerprint-based checks can take 24 to 72 hours.

2. Can I check my own criminal record in Texas?

Yes. You can request a copy of your background check through the Texas DPS Conviction Database or by submitting a fingerprint request.

3. How much does a Texas background check cost?

Fees vary by type:   

  • Name-based search: $3 per search  .
  • Fingerprint-based search: $10–$40
  • Additional fees may apply for fingerprinting services.

4. Are arrest records included in Texas background checks?

Only convictions appear in public records. Arrests without convictions are generally not included unless accessed through authorized agencies.

5. Do dismissed charges appear on a Texas background check?

No, dismissed charges do not appear on public background checks but may be accessible to law enforcement and certain employers.

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