Texas has no laws restricting consideration of criminal record in employment, including limits on application-stage employer inquiries. However, Texas has strict laws regulating background screeners, requiring that they get records only from a criminal justice agency and give individuals the right to challenge accuracy of records. They may not publish records whose disclosure is prohibited under another state law (e.g., records that have been expunged, or which are subject to an “order of nondisclosure”), there is a civil remedy for violations. Texas also prohibits negligent hiring suits except when the employer knew or should have known an employee committed certain high-risk offenses. Pardoned convictions may be considered in employment and licensing decisions, but records that have been ordered expunged or sealed (OND) may not.
Licensing agencies may reject applications based on conviction only if it “directly relates” to the occupation’s duties and responsibilities, and they must also consider a variety of mitigating factors relevant to rehabilitation and likelihood of reoffending. Agencies may not consider non-conviction records, apart from deferred adjudications. Restricted licenses are available in some occupations. Agencies must give an applicant written notice of intent to deny, an opportunity to respond, and written reasons citing statutory factors in the event of denial.
