What is the Seven-Year Rule for Background Checks in Texas?


Employers increasingly are conducting background checks on prospective employees when they apply for jobs. The reasons for background checks are simple: employers do not want to hire employees who may steal from them or might create some liability for them. For instance, suppose a daycare does not perform a background check on an applicant and hires the applicant to provide care to children directly. If the employee has a history of physical or sexual abuse against children and then causes harm to another child, the daycare could be civilly liable for not correctly conducting a background check before allowing the employee to work with children.

Generally, employers may conduct a background check using a credit report agency going back seven years for prospective employees. However, there are various exceptions to that rule. For example, if you are applying to a job with a salary of $75,000 or more, the employer can run a background check back to your 18th birthday. This same rule also applies when you apply to a job with an insurance company.

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What is the Seven-Year Rule for Background Checks in Texas?

Furthermore, if you are applying to a job that requires residential delivery services or in-home services, the employer must conduct a select background check. This check must include 20 years of felony and ten years of misdemeanor criminal history for crimes of family violence, crimes against property, such as theft, or public indecency. The only exception is if the individual already is licensed by a state professional licensing agency that already has performed a criminal background check for the same reason.

Although few employers conduct background checks themselves, as most use a credit reporting agency, those that do perform background checks themselves have no limits on how far they look back into an applicant’s past. Therefore, while it may be unusual, a prospective employer does have the ability to look farther back into your past than the previous seven years.

If you or a family member is facing any criminal charges, we may be able to help. As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 359-3362 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.

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