Smart Background Check vs FBI Background Check Texas
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
What is Smart Background Check?
"Smart Background Check" is a brand name used by commercial CRAs offering employment and tenant screening services. Like other commercial CRAs (Checkr, HireRight, GoodHire, Accurate Background, Sterling), Smart Background Check operates under the Fair Credit Reporting Act (FCRA, 15 U.S.C. § 1681). The service aggregates data from: county court records; state criminal databases; multi-state criminal databases; sex offender registries; address history; identity verification through SSN trace; employment verification; education verification. Speed: typically 1-3 business days. Cost: varies by service tier and volume.
What is FBI Background Check?
The official FBI background check is called the "Identity History Summary" (IdHS) — a fingerprint-based search of the FBI's Interstate Identification Index (III). The III contains arrest and conviction information from every state. How to request: submit fingerprints through FBI-approved channeler (such as IdentoGO) or directly to FBI; pay $18 fee; receive Identity History Summary within 3-5 days (electronic) or 1-2 weeks (mailed). What it shows: all federally-reported arrests and convictions linked to your fingerprints, regardless of state. The IdHS is the most comprehensive federal-level criminal history record available to private citizens about themselves.
Key differences — Smart Background Check vs FBI
Data source: Smart Background Check uses commercial database aggregation; FBI IdHS uses fingerprint-based search of federal database. Speed: Smart Background Check 1-3 days; FBI IdHS 3-5 days (electronic) to 1-2 weeks (mailed). Cost: Smart Background Check costs paid by employer (you typically don't pay); FBI IdHS $18 paid by individual. Accuracy: FBI IdHS more accurate due to fingerprint linkage; Smart Background Check can have common-name confusion. Use cases: Smart Background Check for employment, tenant screening, casual personal use; FBI IdHS for professional licensing, federal employment, security clearance, international adoption, immigration applications. Disputes: Smart Background Check disputes through CRA (30-day investigation under FCRA); FBI IdHS disputes through FBI Challenge process.
Texas state alternative — DPS CCH
Texas also offers a state-level criminal history search through Texas DPS — the Computerized Criminal History (CCH) name-based search. Cost: $3 per search through Texas DPS Secure Site. Speed: instant online search results. What it shows: Texas-only convictions, arrests, deferred adjudications; doesn't show out-of-state cases. Used by: employers, landlords, individual self-checks, professional licensing in some contexts. Limitations: name-based search has common-name confusion risks; doesn't include out-of-state cases; doesn't include sealed records (which remain accessible to law enforcement but not to general public).
How to choose — which background check matters for your situation
The right background check depends on purpose. For employment applications: the employer chooses the CRA — you typically don't. Submit to whatever the employer requires; your rights under FCRA include receiving a copy of the report and disputing inaccuracies. For pre-application self-check: Texas DPS CCH ($3) is most cost-effective for Texas-focused review. FBI IdHS ($18) is more comprehensive but slower and more expensive. Commercial CRAs offer "consumer self-check" packages for $25-$75. For professional licensing: use whatever the licensing board specifies — typically FBI IdHS via fingerprint submission. For dispute purposes: request your own record from the CRA in question; dispute through the FCRA process (30-day investigation requirement).
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Is "Smart Background Check" the same as FBI background check?
No — "Smart Background Check" is a commercial CRA service used for employment and tenant screening, operating under FCRA. FBI background check (Identity History Summary) is the official federal fingerprint-based criminal history. They draw from different databases and serve different purposes.
How do I get my own FBI background check?
Submit fingerprints through FBI-approved channeler (IdentoGO is most common); pay $18 fee. Choose electronic delivery (3-5 days) or mailed delivery (1-2 weeks). Visit fbi.gov/services/cjis/identity-history-summary-checks for current procedures.
Which background check is more accurate?
FBI Identity History Summary is most accurate because it uses fingerprints — eliminates common-name confusion. Commercial CRA reports can have errors from common-name database hits. Texas DPS CCH is accurate for Texas-only cases but doesn't cover out-of-state activity.
Can I dispute information on Smart Background Check?
Yes — under FCRA § 1681i, you can dispute inaccurate information with the CRA. Submit dispute in writing with documentation; CRA must investigate within 30 days; CRA must update or remove inaccurate information. FCRA also provides for damages if errors are not corrected in good faith.
How much does a self-check Texas background check cost?
Texas DPS CCH name-based search: $3. FBI Identity History Summary: $18. Commercial CRA self-checks: $25-$75 depending on depth. Smart Background Check and similar services typically don't offer consumer self-checks directly — employers pay for employee screening.
