What Does a Background Check Show? Texas Records Reference
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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
Criminal history — what appears
Criminal history components in a standard background check: Convictions — felonies and misdemeanors at county, state, federal level. No time limit for most positions under FCRA for jobs paying $75,000+; 7-year limit for lower-paid positions in some states (Texas does not have stricter state limits). Pending charges — in most counties, shown until disposition. Deferred adjudications — appear unless sealed via nondisclosure under Government Code § 411.0735. Arrests not leading to conviction — limited to within 7 years under FCRA (§ 1681c(a)(5)). Sex offender registry status — Texas DPS public registry under CCP Chapter 62. Active warrants — outstanding warrants appear in real-time database checks.
Criminal history — what does NOT appear
Several categories are excluded from standard background checks. Expunged records under CCP Chapter 55 — completely removed; cannot legally appear in any background check. Sealed records under nondisclosure (Government Code § 411.0735) — do not appear in commercial background checks; remain accessible to law enforcement and certain licensing agencies. Juvenile records — sealed under Family Code § 58 in most cases; not available to general employers. Out-of-jurisdiction records — checks limited to searched jurisdictions; cases in unsearched states won't appear in single-state checks. Older non-conviction records — arrests over 7 years old without conviction generally excluded.
Employment and education verification
Employment history typically shows: dates of employment at each employer; job title; reason for leaving (if disclosed by employer); salary in some cases. Employers contacted by CRA verify or correct the applicant's claimed history. Discrepancies can result in rescinded offers. Education verification shows: schools attended; dates of attendance; degrees earned; graduation status. National Student Clearinghouse database is commonly used. Fake degrees are detected quickly; padded GPAs sometimes go undetected if the school doesn't release that data. Professional licensing shows: license type, dates valid, any disciplinary actions, status (active, suspended, revoked). State licensing boards maintain public databases.
Credit, driving, and other records
Credit history appears in background checks for relevant positions (financial roles, security clearance) under FCRA "permissible purposes." Information shown: payment history, accounts in collections, bankruptcies (up to 10 years), public records like judgments. Credit checks for general employment have been limited in some states but not Texas. Driving record — Texas DPS MVR (Motor Vehicle Report) shows: license status, traffic violations, DUI/DWI convictions, accidents on record. Used for commercial driving positions, insurance underwriting, and certain positions requiring vehicle use. Civil court records — lawsuits, judgments, evictions appear in some background checks; particularly relevant for landlord-tenant decisions.
Position-specific background checks
What appears varies by position type. Healthcare: federal exclusion list checks (OIG, GSA); state licensing board records; abuse registry; criminal history. Education: Texas Education Agency fingerprint-based FBI check; sex offender registry; child abuse registry. Financial/banking: credit history; FINRA records (for securities roles); enhanced criminal history; OFAC sanctions list. Government/federal employment: National Agency Check (NAC) at minimum; full security clearance for sensitive positions. Transportation (CDL): driving history; previous employer drug testing records; SAFER motor carrier database. Each industry has specialized check requirements beyond standard employment background checks.
Texas Penalty Group 1 Charges by Weight
Texas Health & Safety Code § 481.115 charges escalate by weight:
| Weight | Offense | Range | Fine |
|---|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years state jail | $10,000 |
| 1-4 g | 3rd degree felony | 2-10 years TDCJ | $10,000 |
| 4-200 g | 2nd degree felony | 2-20 years TDCJ | $10,000 |
| 200-400 g | 1st degree felony | 5-99 years/life TDCJ | $100,000 |
| 400 g+ | Enhanced 1st degree | 10-99 years/life TDCJ | $100,000 |
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
How far back does a Texas background check go?
Convictions: no time limit for most positions, though some employers self-impose 7-10 year limits. Arrests not leading to conviction: 7 years under FCRA. Bankruptcies: 10 years. Credit information: 7 years for most negative items. Driving record: typically 3-5 years for Texas DPS MVR.
Do background checks show arrests without convictions?
Arrests within 7 years can appear under FCRA (§ 1681c(a)(5)). Arrests older than 7 years without conviction generally cannot be reported. Some Texas counties do not maintain arrest records separately from conviction records, so older non-conviction arrests may not appear at all.
Do dropped charges appear on background checks?
Pending charges may appear until disposition; dropped charges may briefly appear if reported before dismissal was entered. After dismissal, the case can typically be expunged under CCP Chapter 55, after which it cannot legally appear in any background check.
Can employers see my credit report?
Yes for relevant positions under FCRA "permissible purposes" — financial roles, security clearance positions, positions involving substantial financial responsibility. Standard employment positions typically don't involve credit checks. Written authorization required regardless.
How do I find out what's on my background check?
Request Texas DPS Computerized Criminal History (CCH) name-based search online for $3; FBI Identity History Summary via fingerprint for $18; commercial CRA self-check for varying fees. If a job application is denied based on a background check, you're entitled to a copy of the report under FCRA pre-adverse action procedures.
