Texas Background Check Error Lawyers

Texas does not have a statewide ban-the-box law for private employers, and it has no state tenant screening statute like some states do. But Texas law does limit what a background check can show. Under Tex. Bus. & Com. Code 20.05, a consumer reporting agency generally cannot report an arrest, indictment or conviction where the disposition, release or parole date is more than seven years old. The exception is jobs paying $75,000 or more a year. Medical information cannot be used in an employment report without consent.

Texas also lets many people hide old records through an order of nondisclosure under Government Code chapter 411, subchapter E-1, or erase them through expunction under the Code of Criminal Procedure. Once an order is entered, Gov't Code 411.0755 says the person does not have to disclose that case on job, information or licensing applications. Gov't Code 411.0851 then requires private companies that sell criminal history data to destroy and stop selling records covered by an expunction or nondisclosure order once they have notice of it. They must also use data that was obtained or updated within 90 days before they sell it. A person harmed by a violation can recover damages, costs and attorney's fees.

For renters, Tex. Prop. Code 92.3515 requires a landlord to give applicants written tenant selection criteria, such as criminal history, rental history, income and credit. If the landlord did not do so and rejects the applicant, the landlord must refund the application fee and deposit. Background check claims can be filed in Texas's Northern, Southern, Eastern or Western District.

Where Texas FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Texas are heard in 4 federal districts:

• Northern District of TexasCourthouses: Abilene, Amarillo, Dallas, Fort Worth, Lubbock, San Angelo, Wichita Falls.Our attorneys are admitted here
• Southern District of TexasCourthouses: Brownsville, Corpus Christi, Galveston, Houston, Laredo, McAllen, Victoria.Our attorneys are admitted here
• Eastern District of TexasCourthouses: Beaumont, Lufkin, Marshall, Plano, Sherman, Texarkana, Tyler.Our attorneys are admitted here
• Western District of TexasCourthouses: Alpine, Austin, Del Rio, El Paso, Midland, Pecos, San Antonio, Waco.Our attorneys are admitted here

Texas laws that add to the FCRA

• Seven-Year Limit on Criminal Records in Consumer Reports (Tex. Bus. & Com. Code 20.05)
  Bars consumer reporting agencies from reporting arrests, indictments or convictions where the disposition, release or parole date is more than seven years old. This does not apply to jobs paying $75,000 or more a year. Read it
• Duty of Private Entities to Update Criminal Records (Tex. Gov't Code 411.0851)
  Requires private companies that sell Texas criminal history data to use recently updated records and to destroy records covered by an expunction or nondisclosure order once on notice. A person harmed can recover damages, costs and attorney's fees. Read it
• Nondisclosure Orders and Job Applications (Tex. Gov't Code 411.0755)
  A person whose record is covered by an order of nondisclosure does not have to disclose that criminal proceeding on job, information or licensing applications. Read it
• Tenant Selection Criteria Notice (Tex. Prop. Code 92.3515)
  Requires landlords to give rental applicants written notice of their tenant selection criteria, including criminal history and credit. If a landlord rejects an applicant without having provided the notice, it must refund the application fee and deposit. Read it

Common background check errors

• Someone else's criminal or eviction record matched to you by name
• Dismissed, sealed or expunged cases still reported
• Charges reported as convictions, or misdemeanors as felonies
• The same case listed several times
• Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Texas background check show a case that is under an order of nondisclosure?

It should not once the screening company has notice of the order. Gov't Code 411.0851 requires private sellers of criminal history data to destroy records covered by a nondisclosure order or expunction, and a person harmed can sue for damages and attorney's fees. Reporting a sealed record may also violate the federal FCRA.

How far back can a background check go in Texas?

For most jobs, Texas law bars consumer reporting agencies from reporting arrests, indictments or convictions where the disposition, release or parole date is more than seven years old. For jobs paying $75,000 or more a year, that limit does not apply. Federal law also limits arrest records that did not lead to a conviction to seven years for lower-paying jobs.

What can I do if a Texas landlord denies me because of a screening report?

Under the FCRA, the landlord must tell you that the report was the reason and identify the screening company. You can get a free copy and dispute errors. Under Tex. Prop. Code 92.3515, the landlord should also have given you its written selection criteria with the application.

How long do I have to file an FCRA lawsuit in Texas?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

• U.S. District Court for the Northern District of Texas
• U.S. District Court for the Southern District of Texas
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the Western District of Texas
• Tex. Bus. & Com. Code ch. 20 (Texas Legislature)
• Tex. Bus. & Com. Code 20.05 (Public.Law)
• Tex. Bus. & Com. Code 20.034 (Public.Law)
• Tex. Bus. & Com. Code 20.09 (Public.Law)
• Tex. Gov't Code 411.0851 (Public.Law)
• Tex. Gov't Code 411.0755 (Public.Law)
• Tex. Gov't Code 411.075 (Public.Law)
• Tex. Prop. Code 92.3515 (Public.Law)
• Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (FTC)

Updated November 2026. This page is general information, not legal advice.