If you have a criminal record, you are probably wondering what employers, landlords, and others will find when they search your background.
As a former prosecutor and Houston criminal defense attorney, Lisa Shapiro Strauss has seen how background check results affect her clients’ lives long after a case is resolved. This guide explains what shows up, what does not, and what you can do about it.
See also: will an arrest in Texas remain on your record forever? — a companion guide covering expungement and record sealing options.
What a Criminal Background Check Covers in Texas
Background checks in Texas are used by employers, landlords, licensing boards, and others to evaluate a person’s history. A typical check may cover:
- Criminal records: arrests, convictions, court records, and warrants
- Employment history: past positions and dates of employment
- Education verification: degrees, diplomas, and professional certifications
- Credit history: relevant for positions involving financial responsibility
Background checks are not only run before hiring. Many industries run them periodically for existing employees, especially in healthcare, energy, and finance.
What Employers May Check
Texas employers conducting background checks typically look at three categories of criminal records:
Arrest Records
An arrest record shows that a person was taken into custody. It does not show a conviction. Employers evaluate arrests differently depending on the role. An arrest that never led to a conviction can still appear and still raise questions.
Conviction Records
Misdemeanor and felony convictions are the most significant items on a background check. Employers in sensitive industries treat these seriously. Read more about how a domestic violence charge affects employment in Texas for a detailed breakdown of employment consequences.
Juvenile Records
Juvenile criminal records are generally confidential and not accessible to private employers, and many can be sealed automatically or by application. Cases transferred to adult court become adult records.
Your Rights and Employer Obligations
Background checks are not a one-way process. You have rights, and employers have legal obligations.
Your Rights as a Job Applicant
- Right to consent: Employers who use a screening company must give you a written disclosure and obtain your written consent before running a background check. This is required under the federal Fair Credit Reporting Act (FCRA).
- Right to information: If an employer plans to reject you based on a screening company’s report, it must first give you a copy of the report and a summary of your rights, then notify you of the final decision and how to dispute errors.
- Right to dispute: If your background check contains errors, you can dispute them. The reporting company must investigate and correct inaccuracies.
Employer Obligations
- Privacy: Employers should limit access to background check information to those involved in the hiring decision, and the FCRA restricts how a report may be used.
- Anti-discrimination laws: Employers cannot use background check results to discriminate based on race, national origin, sex, religion, disability, or age (40 and older). The same standards must be applied to all applicants.
Texas Background Checks: Scope and Limitations
Federal and Texas law shape what can and cannot appear on a background check. Here is what you need to know.
The Seven-Year Rule
Under the federal Fair Credit Reporting Act, screening companies generally cannot report arrest records, civil judgments, or paid tax liens that are more than seven years old. The clock runs from the date the arrest or judgment was entered, or from payment for tax liens. Convictions are not covered and can be reported indefinitely. For jobs paying $75,000 or more per year, the seven-year limit does not apply.
Ban the Box Policies in Houston
The City of Houston, as an employer, defers criminal history questions until later in its hiring process. Texas has no statewide ban-the-box law for private employers, so private employers in Houston are not subject to one. Federal law prohibits employers from applying criminal history screens in a discriminatory way, and the EEOC has historically encouraged individualized assessments over blanket exclusions.
Some large private employers in Houston voluntarily follow ban-the-box practices. If you are applying with a major employer, it is worth checking their stated hiring policy before assuming your record will disqualify you at the application stage.
Convictions Versus Arrests
Convictions can appear on a background check indefinitely. Arrests that did not lead to convictions are generally not reported after seven years. However, errors are common and expunged records sometimes reappear. It is worth checking your own record periodically.
Credit History
Credit checks are used for positions involving financial responsibility. Texas does not have a state law limiting employer use of credit reports, but when an employer gets one through a screening company, the federal Fair Credit Reporting Act’s consent and notice requirements apply.
Houston Industry-Specific Checks
Local industries in Houston, particularly energy and healthcare, often require more extensive checks due to federal regulations. These may include professional license verification, driving records, and educational background in addition to criminal history.
Sealed and Expunged Records
Expunged and sealed records should not appear on a background check. However, errors occur. If you have had records expunged or sealed and they are still appearing, you have the right to dispute them. Read more about whether an arrest stays on your record in Texas and the options available to clear your record.
What Does Not Show Up
- Juvenile records: Generally confidential and not accessible to private employers
- Minor traffic violations: Parking tickets and minor infractions typically do not appear unless connected to a larger arrest
What Shows Up for Pending Charges
Pending charges are cases that have been filed but not yet resolved in court. In Texas, pending charges are typically visible on a background check.
How Employers Evaluate Pending Charges
Employers assess pending charges based on several factors. They look at the nature and severity of the offense. A charge involving violence, theft, or fraud is weighted more seriously than most other types. They also consider how relevant the charge is to the specific job. A driving-related charge carries more weight for a delivery driver position than for an office role.
Beyond the charge itself, employers look at the overall pattern. An isolated incident years ago reads differently than a recent charge alongside a history of arrests. The stage of the legal proceeding matters too. A charge awaiting trial is treated differently than one where a hearing is set and evidence is in dispute.
It is also worth understanding that a pending charge is not a conviction. The EEOC states that an employer cannot refuse to hire someone simply because they were arrested, since an arrest is not proof that a crime was committed.
Your Rights with Pending Charges
- Employers who use a screening company must obtain your written consent before running a background check.
- Under EEOC guidelines, an employer cannot refuse to hire you simply because you were arrested, though it may ask you to explain the circumstances.
- You have the right to explain the circumstances of a pending charge to a potential employer.
- The Texas Workforce Commission advises employers not to make hiring decisions based solely on an arrest record.
- If a pending charge causes an employer to decide against hiring you based on a screening company’s report, they are required to notify you.
Strategies for Addressing Pending Charges with Employers
If you are asked about a pending charge during the hiring process, honesty combined with preparation is the strongest approach.
- Seek legal counsel before the job search if possible. An attorney can advise on whether charges may be dismissed, reduced, or resolved through a diversion program before they affect your application. Read about how to get charges dropped.
- Prepare a factual, calm explanation of the situation. Avoid minimizing the charge or placing blame. Explain what happened, what legal steps are being taken, and how you are handling the situation responsibly.
- Consider requesting a letter from your attorney. Official documentation clarifying the status of your case can reassure an employer and demonstrate that you are taking the matter seriously.
- Focus on your qualifications. In interviews, lead with your skills and experience. Address the charge if asked directly, but do not volunteer it beyond what is required.
One of the most effective long-term steps is to work toward resolving the case favorably. Read about how to convince a prosecutor to drop charges in Harris County.
Deferred Adjudication and Your Record
Deferred adjudication is a Texas plea arrangement where the court defers a finding of guilt and places the defendant on probation. If probation is completed successfully, the charges are dismissed.
Deferred adjudication will appear on a background check. It will be noted as not resulting in a conviction if probation was completed. Employers often view it more favorably than a conviction, particularly when probation was completed without incident.
Non-disclosure after Deferred Adjudication
After completing deferred adjudication, you may be eligible for an Order of Non-Disclosure, which seals the record from public view. Eligibility depends on the offense type and waiting periods. Deferred adjudication generally does not qualify for expunction, which is reserved for cases that ended without court-ordered probation, such as a dismissal after a pretrial diversion program.
Contact Houston expungement attorney Lisa Shapiro Strauss to find out whether your deferred adjudication qualifies for non-disclosure.
How to Manage Your Record and Its Impact
Having a criminal record in Houston does not have to define your future. Here are practical steps to manage it.
Understand Your Record
Get a copy of your criminal record so you know what employers will see. Check for errors. If anything is inaccurate, dispute it with the reporting agency.
Explore Legal Remedies
- Expungement: Destroys eligible arrest records, and you can generally deny the arrest occurred.
- Non-disclosure: Seals eligible records from public view. Most private employers cannot obtain them, though certain employers and licensing bodies can.
- Legal consultation: Contact an attorney to find out which option applies to your situation.
Addressing Pending Charges
- Seek legal counsel immediately. An attorney can advise on whether charges can be dismissed, reduced, or resolved through a diversion program.
- Be honest with employers if asked. Prepare a clear, factual explanation of the situation and the steps you are taking to address it.
- Consider providing documentation. A letter from your attorney clarifying the status of your case can reassure prospective employers.
Preparing for the Job Market
- Leverage your network. Personal referrals can reduce the weight of a background check.
- Build skills and certifications. Strong qualifications make you a more competitive candidate regardless of your record.
- Document any rehabilitation programs, community service, or continuing education.
Communicating with Employers
- Prepare a clear, honest narrative about your record and the positive changes you have made.
- Practice responses to questions about your record before interviews.
- Offer professional references and character witnesses who can speak to your reliability.
Get Help Protecting Your Legal Rights in Houston
Facing a criminal charge or dealing with a record that is affecting your life? Former prosecutor Lisa Shapiro Strauss is a Houston criminal defense attorney dedicated to protecting her clients’ rights and futures.
She can review your record, advise on eligibility for expungement or non-disclosure, and help you navigate the background check process. Contact her office today for a free consultation.
