Employers across the Houston area run background checks for many kinds of jobs, and many landlords screen rental applicants. When those checks are wrong, the federal Fair Credit Reporting Act is the main law that governs them. Background check and tenant screening companies must use reasonable procedures for maximum possible accuracy and must reinvestigate disputes, generally within 30 days. Harris County limits criminal history questions for county jobs, but a 2023 Texas law bars cities and counties from regulating private employers' hiring practices.
Employers have duties too. They must give a standalone written disclosure and get permission before ordering a report. Before rejecting an applicant based on the report, they must give a copy of it and a summary of rights, so the person has a chance to point out errors. Landlords that deny an application based on a screening report must give an adverse action notice naming the screening company. Typical errors include a record belonging to someone with a similar name, a dismissed or sealed case reported as a conviction, and an eviction filing shown without its dismissal.
Background check cases from Harris, Fort Bend, Montgomery and Waller counties are filed in the Southern District of Texas in Houston. Galveston, Brazoria and Chambers county cases go to the Galveston Division. Liberty County cases go to the Eastern District of Texas in Beaumont.
Where Houston FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Houston are heard in 2 federal districts:
- Southern District of TexasHarris, Fort Bend, Montgomery, Waller, Austin and San Jacinto counties (Houston Division), and Galveston, Brazoria and Chambers counties (Galveston Division). Courthouses: Houston, Galveston.Our attorneys are admitted here
- Eastern District of TexasLiberty County (Beaumont Division). Courthouses: Beaumont.Our attorneys are admitted here
Local and state rules in Houston
- Harris County Fair Chance Policy (county jobs) (Harris County Commissioners Court order adopting a Fair Chance Policy (Jan. 4, 2022, File No. 22-0292))
County departments that report to Commissioners Court may not ask about criminal history on job applications, except for law enforcement jobs, and may run a criminal history check only after a conditional offer unless state or federal law requires an earlier check. It covers only Harris County government jobs, not private employers; Texas Labor Code § 1.005, added in 2023, bars Texas cities and counties from regulating private employers' hiring practices. Read it
State law also applies: see Texas Background Check Error Lawyers.
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
An eviction case against me was dismissed, but a tenant screening report still lists it. What can I do?
A screening report that lists an eviction filing without showing it was dismissed may be incomplete or inaccurate. You can dispute it with the screening company and send the court record showing the dismissal. If the company fails to correct it, you may have a claim under the FCRA.
Does an employer have to show me the background check before turning me down?
Yes. Under the FCRA, an employer that plans to take adverse action based on a background check must first give you a copy of the report and a summary of your rights. This gives you a chance to dispute errors before a final decision.
Can a background check company report an arrest from many years ago?
Generally, an arrest that did not lead to a conviction cannot be reported once it is more than seven years old. That limit does not apply for jobs paying $75,000 a year or more. Convictions are not subject to the seven-year limit.
How long do I have to file an FCRA lawsuit in Houston?
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. Census Bureau, Metropolitan and Micropolitan Statistical Area Population Totals: 2020–2025
- 28 U.S.C. § 124 (judicial districts of Texas)
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Texas
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
- 15 U.S.C. § 1681n and § 1681o (civil liability)
- 15 U.S.C. § 1681c (limits on reporting old information)
- Harris County Commissioners Court, Request for Court Action and Fair Chance Policy (Jan. 4, 2022)
- Texas Labor Code § 1.005 (H.B. 2127, 2023)
Updated November 2026. This page is general information, not legal advice.