What Does a Background Check Show in Texas?

In Texas, background checks are a routine part of hiring, tenant screenings, and professional licensing. When your record is under review, surprises are the last thing you want. So, what does a background check show — and how long do arrests or convictions stay on your Texas record?

Whether you're facing criminal charges now or dealing with the consequences of a past conviction, you need to know what employers, landlords, and licensing boards can see about your criminal history if you want to make informed decisions about your future. The good news is that not everything shows up on a background check, and, depending on your situation, an experienced criminal defense attorney may be able to help you minimize what appears on your record in the first place.

Continue reading to find out what shows up on a background check, or get in touch with Turnbull Legal Group today at (832) 314-3232 to protect your record and defend your future. 

What information does a background check reveal?

Texas background checks can reveal information about your criminal history, employment history, credit history, and public records. The scope of what appears depends entirely on who's conducting the check and what they're legally permitted to access.

Most background checks conducted by employers, landlords, or licensing agencies include some combination of the following information:

• Criminal records. Felony and misdemeanor convictions, arrests that led to convictions, pending criminal cases, active warrants, and sex offender registry status all typically appear on standard criminal background checks.
• Court records. Civil judgments, bankruptcies, liens, evictions, and restraining orders are public record and often show up during background screenings.
• Employment history. Previous employers, job titles, dates of employment, and sometimes reasons for leaving can be verified through employment background checks.
• Education verification. Degrees, certifications, and enrollment at educational institutions are commonly verified, particularly for professional positions.
• Credit history. Credit scores, payment history, outstanding debts, and bankruptcy filings appear on credit-based background checks, though Texas law limits how this information can be used in employment decisions.
• Driving records. Traffic violations, DWI convictions, license suspensions, and at-fault accidents show up on driving record checks, particularly for positions that require operating a vehicle.

It’s tough to say what your particular background check might show, as the depth and breadth of searchable information in background checks varies significantly; a basic employment screening might only check county criminal records, while a more comprehensive background check for a professional license may pull records from state and federal databases going back decades.

What does a Texas background check look for?

Let’s narrow the scope to focus on criminal history. Even within the realm of criminal history, the information visible will depend on the type of check being conducted and what is legally permissible for the entity doing the screening. 

Dictated by the Fair Credit and Reporting Act (FCRA) and Section 20.05 of the Texas Business & Commerce Code, when conducting a Texas criminal background check, most employers and screening companies search for:

Texas and Federal law treat different criminal records differently. For instance, a conviction for a family violence charge in Texas will appear on background checks indefinitely and can impact your ability to possess firearms, while a successfully completed diversion program in Texas after misdemeanor assault charges may not appear on your record at all.

Texas employers typically conduct county-level criminal searches in the counties where you've lived, worked, or attended school. More thorough background checks may include statewide criminal history searches and even federal criminal record checks for positions in banking, healthcare, education, or government.

How far back do background checks go in Texas?

Texas background check lookback periods depend on the type of record being searched and the purpose of the background check. While there's no universal time limit for all background checks in Texas, federal and state laws impose restrictions in certain situations.

For employment-related background checks, the Fair Credit Reporting Act limits most consumer reporting agencies to a seven-year lookback period for:

• Civil judgments and civil suits
• Arrests that did not result in a conviction
• Paid tax liens
• Accounts placed for collection
• Records of arrest from the date of disposition or release

The seven-year rule has significant exceptions. Felony convictions, sex offender status, and serious criminal offenses can be reported indefinitely, and if the position pays more than $75,000 annually, records will be public beyond the seven-year limit.

Texas law does not impose limitations that are more restrictive than those required under federal law, meaning employers can generally access conviction records without time restrictions. Professional licensing boards (particularly for healthcare, legal, and financial professions) routinely review criminal history without time limits.

What won't show up on a background check?

There are, however, records that are legally protected from disclosure, as well as those that don’t appear because they are stricken from the record. 

Records that typically don't appear on Texas background checks include:

• Sealed or expunged records. Once a Texas court orders a record expunged, it's destroyed and won't appear on any background check. Similarly, sealed records are hidden from public access and shouldn't appear on standard background checks.
• Arrests without charges. If you were arrested but the district attorney declined to file charges, this may not appear on many background checks, particularly if the arrest record was recently updated to reflect no charges filed.
• Successfully completed pretrial diversion. If you successfully completed a pretrial diversion program and the charges were dismissed, this generally won't appear as a conviction — though the arrest record may still be visible until expunged.
• Juvenile records. Texas juvenile records are typically sealed and don't appear on adult background checks unless the case was transferred to adult court or involved certification as an adult.
• Dismissed charges. Charges that were dismissed by the prosecution or the court typically don't result in convictions on your record, though the arrest itself may still appear until expunged.
• Deferred adjudication (after completion). Once you successfully complete deferred adjudication probation, you're not technically convicted — though the record of deferred adjudication itself may still appear and requires a petition for non-disclosure to seal.

It's important to understand that "not appearing as a conviction" and "not appearing at all" are two very different things. Even dismissed charges can show up on background checks as arrests, which is why pursuing expungement after your case is still so important.

What are the background check laws in Texas?

Texas employers must comply with both federal Fair Credit Reporting Act requirements and the Texas Business and Commerce Code when conducting background checks on applicants and employees. Some of the most important requirements from these pieces of legislation include:

1. Written consent. Employers must obtain written authorization from applicants before conducting background checks. This authorization must be clear, conspicuous, and separate from other application materials.
2. Pre-adverse action notice. If an employer intends to deny employment based on background check findings, they must first provide the applicant with a copy of the report and a notice of their rights under the FCRA.
3. Ban the box restrictions. Texas passed a statewide "ban the box" law in early 2025, prohibiting employers from asking about criminal history on initial applications.
4. Equal Employment Opportunity Commission (EEOC) Guidelines. Texas employers must apply EEOC guidelines requiring individualized assessments of how criminal convictions relate to the specific position, considering factors like the nature of the crime, time elapsed, and evidence of rehabilitation.

For landlords and housing providers, the Fair Housing Act prohibits discrimination based on protected classes, though criminal history itself is not a protected class. HUD guidelines encourage landlords to conduct individualized assessments rather than blanket criminal history bans, but blanket criminal history bans are still effectively practiced in many areas in Texas.

What would cause a red flag on a background check?

While anything coming up on your background check will raise an eyebrow, there are specific discoveries that will raise particular concern for employers, landlords, and licensing boards. 

• Recent criminal convictions. Any conviction within the past few years signals current legal issues. A recent DWI in Texas, for instance, can be particularly problematic for positions that will require driving or operating machinery.
• Crimes of dishonesty. Theft, fraud, embezzlement, forgery, and other crimes involving dishonesty raise serious concerns for employers, particularly in positions involving financial responsibilities or access to sensitive information.
• Violent crime convictions. Assault, aggravated assault, robbery, and other violent offenses are major red flags, especially for positions involving public contact, vulnerable populations, or safety-sensitive work.
• Sex-related offenses. Convictions requiring sex offender registration create nearly insurmountable barriers in most employment, housing, and licensing situations.
• Multiple convictions. A pattern of repeated criminal behavior, even for less serious offenses, suggests ongoing issues that may get in the way of work.
• Failure to disclose relevant information. Whether you have a previous family violence charge in Texas or a pending DWI, not disclosing the particulars of your background is often the nail in the coffin for jobseekers with criminal records. 

While knowing what constitutes a red flag can help you prepare honest responses during the interview and application processes, working with an experienced attorney might allow you to eliminate red flags entirely through expungement, non-disclosure orders, or victories in criminal cases.

What you need to know about your background check

Knowing what is going to appear on your Texas criminal background check is almost as important as knowing what you can do about it. A few key principles that can help you protect your future:

The biggest thing to know about background checks is that Texas criminal records don't automatically disappear with time. Whether you're dealing with a recent case or a conviction from years ago, consulting with an attorney about fighting your charges, expungement, or non-disclosure can help clear your record and defend your name.

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