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How far back do criminal background checks go in Texas?

How Far Back Do Criminal Background Checks Go in Texas?

When it comes to conducting criminal background checks in Texas, employers, landlords, and other organizations often have questions about how far back the checks go. In this article, we’ll provide a comprehensive answer to this question, highlighting the laws and regulations that govern criminal background checks in the Lone Star State.

What is a Criminal Background Check?

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Before we dive into the specifics of how far back criminal background checks go in Texas, it’s essential to understand what a criminal background check entails. A criminal background check is a process of verifying an individual’s criminal history by searching public records and databases to identify any prior convictions, arrests, or other criminal activity.

How Far Back Do Criminal Background Checks Go in Texas?

In Texas, criminal background checks typically go back 10 years. This means that any criminal convictions or arrests that occurred more than 10 years ago will not be included in the background check report. However, there are some exceptions to this rule.

Exceptions to the 10-Year Rule

While the 10-year rule is the general guideline for criminal background checks in Texas, there are some exceptions to consider:

  • Sex Offender Registration: Sex offenders are required to register with the Texas Department of Public Safety (DPS) and provide information about their criminal history, including any prior convictions. Sex offender registration is a lifetime requirement, and the information is publicly available.
  • Megan’s Law: Megan’s Law requires sex offenders to provide information about their criminal history, including any prior convictions, to the DPS. This information is also publicly available.
  • Federal Convictions: Federal convictions, including those that occurred more than 10 years ago, may still be included in a criminal background check report.
  • Criminal Activity Involving Minors: Criminal activity involving minors, such as child abuse or exploitation, may be included in a background check report even if it occurred more than 10 years ago.

How Do Criminal Background Checks Work in Texas?

Criminal background checks in Texas typically involve the following steps:

  1. Request for Background Check: The individual or organization requesting the background check submits a request to a background check provider or the Texas Department of Public Safety (DPS).
  2. Search of Public Records: The background check provider or DPS searches public records and databases to identify any prior criminal convictions, arrests, or other criminal activity.
  3. Compilation of Report: The background check provider or DPS compiles the information gathered during the search into a report, which includes details about the individual’s criminal history.
  4. Disclosure of Report: The background check report is disclosed to the individual or organization requesting the check.

Frequently Asked Questions

Here are some frequently asked questions about criminal background checks in Texas:

  • Can I request a background check on myself?: Yes, you can request a background check on yourself through the Texas Department of Public Safety (DPS).
  • How much does a background check cost?: The cost of a background check in Texas varies depending on the provider and the type of check being conducted.
  • Can I dispute information on my background check report?: Yes, you can dispute information on your background check report by providing documentation to support your claim.

Conclusion

In conclusion, criminal background checks in Texas typically go back 10 years, unless there are exceptions such as sex offender registration, Megan’s Law, federal convictions, or criminal activity involving minors. Understanding how criminal background checks work in Texas is essential for individuals and organizations that need to conduct these checks. By knowing what information is included in a background check report and how to dispute any inaccurate information, you can make informed decisions about the individuals you interact with.

Table: Criminal Background Check Process in Texas

StepDescription
1Request for Background Check
2Search of Public Records
3Compilation of Report
4Disclosure of Report

Bullets: Exceptions to the 10-Year Rule

• Sex Offender Registration
• Megan’s Law
• Federal Convictions
• Criminal Activity Involving Minors

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