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Texas Background Checks

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Texas Background Checks – Verify Candidate Eligibility and Qualifications

Texas employers rely on background checks and verifications to ensure prospective employees are qualified for the position for which they have applied . Unfortunately, you can’t always trust what a person puts on their résumé, and running a background check can help you verify the information presented to you while also finding anything that might be job-related and potentially disqualify them from working with your business. At Accurate, we provide customizable, in-depth Texas background checks that can help you gather the information necessary to find the most qualified candidates and make more confident hiring decisions.

When Should Texas Employers Conduct Background Checks?

In Texas, employers can request background checks for various reasons at different times during a person’s career. The most common time to perform a background check is as a part of your company’s onboarding process.
 
Performing a background check upon hire ensures that you’re hiring someone who is able to perform the necessary job duties. However, some organizations have also started using continuous monitoring to get near real-time alerts about potential criminal offenses, financial risks, sanctions and licensing violations, or other potential concerns among their current employee population.
 
Besides protecting your customers, clients and patients, this also helps protect your business from safety risks, cybersecurity threats and litigation. Read to learn what can be included on a Texas background check — and what legal responsibilities you have as an employer — below:

What Can Employers Request on a Texas Background Check?

Because laws regulating background checks can vary by state, the information on Texas background checks may differ from what you’ll see elsewhere. In general, background checks performed in Texas may uncover the following information:

  • Criminal history reports
  • Employment and education verification
  • Driver’s license verification
  • Sex offender status
  • Credit history (for fiduciary positions)
  • Professional license status
  • Inclusion on any sanction or exclusion lists
  • And more

Certain industries have their own background check requirements, as dictated by the federal government and/or their governing bodies. For instance, insurance agents must undergo a debit and credit check before hire, and commercial drivers must complete a series of driving and health checksfor their positions.

Your requirements may also vary based on the position being hired or your internal bandwidth. That’s why, at Accurate, clients can customize their background checks to be as thorough as they need them to be. Whether you want a basic search for a criminal history or a more in-depth dive into the applicant’s credentials and experience, Accurate can help.

Best Practices for Performing Texas Background Checks

Accurate can conduct your background checks for you and help educate you on key regulations. While we can assist you in understanding industry best practices to consider for your background check program, there are still certain things that your business needs to understand for your background checks in Texas, including:

  1. Establish a clear background check process: Your business should have a clear, thorough background check policy that includes the types of searches you perform, what positions they’re performed for, and the procedures your team will follow. A consistent policy lowers the chances of biased decisions. Regularly train your HR and other staff on these procedures, any technology they use to perform these duties, and Texas state laws regarding the use of information surfaced by background checks.
  2. Follow federal rules regarding background screening: In addition to state laws, Texas employers must follow federal laws governing the use of information reported in your background checks. Before an employer can obtain a background check from a screening provider, the Fair Credit Reporting Act (FCRA) requires that the company provide a clear and conspicuous written disclosure to the individual (candidate) that a background check may be conducted. This disclosure must be in a document that consists solely of the disclosure. In addition, employers must also obtain authorization from the individual to procure the background check. This ensures that candidates fully understand their rights and how employers can use their personal information to make employment decisions.Employers must also follow the Equal Employment Opportunity Commission’s (EEOC) requirement not to make employment decisions based on the candidate’s protected characteristics, like their gender, race or ethnicity. Employers should also make sure they’re following their candidates’ local and state laws regarding the use of criminal offenses in employment decisions
  3. Follow Texas laws regarding adverse action, as well as your candidates’ relevant local and state regulations: If you choose to deny employment to a candidate based on the background check, you need to follow the proper procedures as dictated by the FCRA. Employers should also make sure they’re following their candidates’ local and state laws regarding the use of criminal offenses in employment decisions

Employers are required follow a two-step process and send the candidate a copy of the background check with the pre-adverse action notice that will provide them the right to dispute the information, and how to provide additional information for consideration. If the candidatae does not dispute the information, a final adverse action notice must be provided at least five (5) business days later, stating that information on their background check, even in part, makes them ineligible for employment.

Learn Why Texas Employers Trust Accurate

Hiring and screening new hires isn’t easy. Creating a background check program that complies with Texas background check laws, as well as federal regulations, is even harder. Partnering with an expert can help you perform these sensitive background checks with peace of mind — without sacrificing your company’s safety or delaying key hires. We also partner you with a team of compliance experts to provide education and update you on new legislative changes.
At Accurate, we provide in-depth background checks and verifications with the highest degree of accuracy, supported by 24/7/363 customer service, while helping you stay compliant with applicable city, state and federal laws.
Contact us today to learn more about our background checks and license verifications, and how we can customize these searches to meet your company’s needs.

DISCLAIMER
The commentary above is not offered as legal advice but is instead offered for informational purposes. Accurate Background is not a law firm and does not offer legal advice. The above commentary is therefore not intended as a substitute for the legal advice of an attorney knowledgeable of the user’s individual circumstances or to provide legal advice. Accurate Background makes no assurances regarding the accuracy, completeness, currency, or utility of the preceding information.