What is the new Texas ban-the-box law?

Texas enacted its first statewide ban-the-box law (HB 2466) effective September 1, 2025. It applies to employers with 15 or more employees and requires them to delay criminal history inquiries until after determining the applicant is 'otherwise qualified' and has been interviewed or received a conditional offer. This is a significant change for Texas, which previously had no statewide fair-chance hiring requirement. The law supersedes local ordinances like Austin's previous ban-the-box ordinance.

What employers are exempt from the Texas ban-the-box law?

The new Texas ban-the-box law (HB 2466) exempts: employers with fewer than 15 employees, law enforcement positions, healthcare positions, childcare positions, financial services positions, and any positions where a criminal background check is required by federal or state law. These employers can still ask about criminal history at any point in the hiring process.

What is an Order of Nondisclosure in Texas?

An Order of Nondisclosure seals your criminal record from public background checks while keeping it accessible to law enforcement and certain licensing agencies. It is available for certain eligible offenses, particularly those resolved through deferred adjudication. Some nondisclosure orders are automatic (for qualifying misdemeanor deferred adjudication cases), while others require you to petition the court. DWI, family violence, sex offenses, and certain other crimes are generally not eligible.

Can I get my record expunged in Texas?

Texas expungement (Art. 55.01) completely destroys your criminal record. It is available for: acquittals, charges that were dismissed or not filed, pardons, completed pretrial diversion, and certain other non-conviction situations. Expungement is NOT available for convictions — for convictions resolved through deferred adjudication, the Order of Nondisclosure is the appropriate remedy.

Does the 7-year lookback actually protect me in Texas?

In theory, Texas law limits reporting of convictions older than 7 years for jobs under $75,000. In practice, enforcement is inconsistent. Many national background check companies (CRAs) argue that the federal FCRA preempts this state restriction and report older convictions anyway. If an older conviction appears on your background check for a lower-paying job, you may have grounds to dispute the report, but this often requires legal assistance.

Will a dismissed charge show up on a Texas background check?

A dismissed charge may appear on a background check unless you have obtained an expungement under Art. 55.01. Texas law provides a right to expungement for dismissed charges. Once expunged, the record is completely destroyed and will not appear on any background check. If you have dismissed charges, pursuing expungement is strongly recommended.

Does Texas have any automatic record sealing?

Texas has limited automatic nondisclosure for certain misdemeanor offenses resolved through deferred adjudication (Tex. Gov't Code § 411.0725 and § 411.073). For qualifying offenses, the Department of Public Safety will automatically issue a nondisclosure order after the applicable waiting period without requiring a petition. This does not apply to felonies or to offenses ineligible for nondisclosure. Texas does not have a comprehensive Clean Slate law.

Texas Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

Texas has a 7-year conviction lookback for jobs under $75,000 (Tex. Bus. & Com. Code § 20.05), but many CRAs ignore this citing federal FCRA preemption. Effective September 1, 2025, Texas has a statewide ban-the-box law (HB 2466) for employers with 15+ employees. No Clean Slate law, but expungement and Orders of Nondisclosure are available for qualifying offenses.

Overview

Texas has a complicated background check landscape. On paper, Texas Business & Commerce Code § 20.05 imposes a 7-year lookback limit on reporting criminal convictions — but only for positions paying less than $75,000 per year. For jobs at or above that salary threshold, convictions can be reported indefinitely. In practice, the situation is even murkier: Texas enacted this law in 1997, after the federal FCRA was reformed in 1996 to remove the federal 7-year conviction cap. Many consumer reporting agencies (CRAs) argue that the federal FCRA preempts the Texas statute and treat Texas as having no state conviction limit at all. This means your mileage may vary depending on which background check company an employer uses. A major development for Texas job seekers: effective September 1, 2025, Texas enacted its first statewide ban-the-box law (HB 2466). This law applies to employers with 15 or more employees and delays criminal history inquiries until after the applicant is determined to be "otherwise qualified" and has been interviewed or received a conditional offer. There are exceptions for law enforcement, healthcare, childcare, and financial services positions. This law supersedes all local ordinances, including Austin's previous fair-chance hiring ordinance. Texas does not have a Clean Slate law. However, Texas has two important pathways for record relief: expungement for arrests and charges that did not result in conviction (Tex. Code Crim. Proc. Art. 55.01), and Orders of Nondisclosure for certain offenses that seal records from public view while keeping them available to law enforcement (Tex. Gov't Code § 411.071 et seq.).

How Far Back Does a Background Check Go in Texas?

Record Type	Rule in Texas
Felony Convictions	Subject to the disputed 7-year lookback for positions under $75,000. For positions at or above $75,000, felonies are reported indefinitely. In practice, many CRAs report felonies indefinitely regardless of salary due to federal preemption arguments.
Misdemeanor Convictions	Same rules as felonies: subject to the disputed 7-year lookback for lower-salary positions. For positions at or above $75,000, misdemeanors can be reported indefinitely.
All Convictions	Texas Business & Commerce Code § 20.05 limits reporting of criminal convictions to 7 years for positions paying less than $75,000 per year. However, this state law is widely considered preempted by the federal FCRA, which allows indefinite conviction reporting. Many national background check companies report Texas convictions beyond 7 years regardless of salary. The practical effect is inconsistent enforcement.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Texas expungement law (Art. 55.01) allows eligible individuals to have arrest records destroyed entirely.
Pending Cases	Pending charges can be reported and considered by employers. The new ban-the-box law (HB 2466) delays when this inquiry can happen but does not prohibit consideration of pending cases.
Salary Threshold	$75,000 — positions at or above this salary are exempt from the 7-year lookback (though the 7-year lookback itself is disputed due to federal preemption)

Ban the Box / Fair Chance

Yes — covers private employers

Texas enacted its first statewide ban-the-box law (HB 2466) effective September 1, 2025. The law applies to employers with 15 or more employees and delays criminal history inquiries until after the applicant is determined to be 'otherwise qualified' and has been interviewed or received a conditional offer of employment. Exceptions exist for positions in law enforcement, healthcare, childcare, financial services, and other roles where criminal history checks are required by federal or state law. This statewide law supersedes all local fair-chance hiring ordinances, including Austin's previous ordinance.

Effective: 2025-09-01

Clean Slate / Auto-Sealing

No Clean Slate law

Texas does not have a Clean Slate law providing automatic record sealing. However, Texas offers two important record relief mechanisms: (1) Expungement (Tex. Code Crim. Proc. Art. 55.01) completely destroys records for acquittals, dismissed cases, and certain other non-conviction dispositions. (2) Orders of Nondisclosure (Tex. Gov't Code § 411.071 et seq.) seal conviction records from public background checks for certain eligible offenses, while keeping them available to law enforcement and some licensing agencies. Some nondisclosure orders are automatic (for deferred adjudication of certain misdemeanors), while others require a petition.

What Employers Can Do in Texas

When can employers ask about criminal history?: Under the new HB 2466 (effective September 1, 2025), employers with 15+ employees must wait to ask about criminal history until after determining the applicant is 'otherwise qualified' and conducting an interview or extending a conditional offer. Employers with fewer than 15 employees can ask at any time. Exempt positions (law enforcement, healthcare, childcare, financial services) can ask at any time.
What can they consider?: Texas does not have a state-mandated individualized assessment requirement for most employers. However, the new ban-the-box law establishes a framework where employers should consider the applicant's qualifications before examining criminal history. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and relevance to the position.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Texas

HB 2466 — Texas Statewide Ban-the-Box (Fair Chance Hiring)(2025)
First statewide ban-the-box law in Texas. Applies to employers with 15+ employees. Delays criminal history inquiries until after the applicant is 'otherwise qualified' and has been interviewed or received a conditional offer. Exceptions for law enforcement, healthcare, childcare, financial services. Supersedes local ordinances.
Tex. Bus. & Com. Code § 20.05 (7-Year Conviction Lookback)(1997)
Limits consumer reporting agencies from reporting criminal convictions older than 7 years for positions paying less than $75,000 per year. Widely disputed as preempted by the federal FCRA, and inconsistently enforced by national background check companies.
Tex. Code Crim. Proc. Art. 55.01 (Expungement)
Provides for complete destruction of criminal records for acquittals, dismissed charges, pardons, and certain other non-conviction dispositions. Once expunged, the record is permanently destroyed.
Tex. Gov't Code § 411.071 et seq. (Orders of Nondisclosure)
Allows sealing of criminal records for certain eligible offenses. Sealed records do not appear on standard public background checks but remain available to law enforcement and some licensing agencies. Some orders are automatic (for certain deferred adjudication misdemeanors), while others require a petition to the court.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. The 1996 reform removed the federal 7-year cap on conviction reporting, which is the basis for arguments that the Texas 7-year state law is preempted.

Frequently Asked Questions — Texas

How far back does a background check go in Texas?: This is complicated in Texas. State law (Tex. Bus. & Com. Code § 20.05) limits conviction reporting to 7 years for jobs paying under $75,000. However, many background check companies argue this is preempted by the federal FCRA and report Texas convictions indefinitely. For jobs paying $75,000 or more, there is no time limit at all. The practical reality is that the 7-year limit is inconsistently enforced.
What is the new Texas ban-the-box law?: Texas enacted its first statewide ban-the-box law (HB 2466) effective September 1, 2025. It applies to employers with 15 or more employees and requires them to delay criminal history inquiries until after determining the applicant is 'otherwise qualified' and has been interviewed or received a conditional offer. This is a significant change for Texas, which previously had no statewide fair-chance hiring requirement. The law supersedes local ordinances like Austin's previous ban-the-box ordinance.
What employers are exempt from the Texas ban-the-box law?: The new Texas ban-the-box law (HB 2466) exempts: employers with fewer than 15 employees, law enforcement positions, healthcare positions, childcare positions, financial services positions, and any positions where a criminal background check is required by federal or state law. These employers can still ask about criminal history at any point in the hiring process.
What is an Order of Nondisclosure in Texas?: An Order of Nondisclosure seals your criminal record from public background checks while keeping it accessible to law enforcement and certain licensing agencies. It is available for certain eligible offenses, particularly those resolved through deferred adjudication. Some nondisclosure orders are automatic (for qualifying misdemeanor deferred adjudication cases), while others require you to petition the court. DWI, family violence, sex offenses, and certain other crimes are generally not eligible.
Can I get my record expunged in Texas?: Texas expungement (Art. 55.01) completely destroys your criminal record. It is available for: acquittals, charges that were dismissed or not filed, pardons, completed pretrial diversion, and certain other non-conviction situations. Expungement is NOT available for convictions — for convictions resolved through deferred adjudication, the Order of Nondisclosure is the appropriate remedy.
Does the 7-year lookback actually protect me in Texas?: In theory, Texas law limits reporting of convictions older than 7 years for jobs under $75,000. In practice, enforcement is inconsistent. Many national background check companies (CRAs) argue that the federal FCRA preempts this state restriction and report older convictions anyway. If an older conviction appears on your background check for a lower-paying job, you may have grounds to dispute the report, but this often requires legal assistance.
Will a dismissed charge show up on a Texas background check?: A dismissed charge may appear on a background check unless you have obtained an expungement under Art. 55.01. Texas law provides a right to expungement for dismissed charges. Once expunged, the record is completely destroyed and will not appear on any background check. If you have dismissed charges, pursuing expungement is strongly recommended.
Does Texas have any automatic record sealing?: Texas has limited automatic nondisclosure for certain misdemeanor offenses resolved through deferred adjudication (Tex. Gov't Code § 411.0725 and § 411.073). For qualifying offenses, the Department of Public Safety will automatically issue a nondisclosure order after the applicable waiting period without requiring a petition. This does not apply to felonies or to offenses ineligible for nondisclosure. Texas does not have a comprehensive Clean Slate law.

Texas Resources

Texas Department of Public Safety — Criminal History Records
The state agency that maintains criminal history records. You can request your own criminal history record and apply for Orders of Nondisclosure here.
Texas RioGrande Legal Aid — Expungement Help
Provides free legal assistance to low-income Texans, including help with expungement and nondisclosure petitions.
Lone Star Legal Aid
Free legal services for low-income Texans in eastern and southeastern Texas, including criminal record relief.
Texas Workforce Commission — Reentry Resources
Employment resources and workforce programs for people with criminal records in Texas.
Texas Fair Defense Project
Nonprofit advocating for criminal justice reform in Texas and providing resources on record clearing and rights restoration.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Texas for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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