A 2023 Texas law limits what cities and counties can do about hiring practices. House Bill 2127 added section 1.005 to the Texas Labor Code. It bars cities and counties from adopting or enforcing ordinances in fields the Labor Code occupies, and it expressly lists hiring. Several Texas cities, including San Antonio, have challenged that law in court. The City of San Antonio's own civilian hiring policy waits until after a conditional offer to ask about criminal history, but it does not cover private employers. For job seekers in the San Antonio area, the federal Fair Credit Reporting Act is the main source of rules for background checks.
Under the FCRA, an employer must give you a standalone written disclosure and get your written permission before ordering a background check. Before rejecting you based on the report, it must give you a copy and a summary of your rights. Background check and tenant screening companies must use reasonable procedures to report accurately. Arrests that did not lead to a conviction generally cannot be reported once they are more than seven years old, except for jobs paying $75,000 a year or more.
Common errors include a deferred adjudication reported as a conviction, a record that belongs to someone else with the same name, and an eviction case reported without its outcome. Cases from the metro are filed in the Western District of Texas, San Antonio Division.
Where San Antonio FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from San Antonio are heard in one federal district:
- Western District of TexasAll eight metro counties: Bexar, Comal, Guadalupe, Medina, Wilson, Atascosa, Kendall and Bandera (San Antonio Division). Courthouses: San Antonio.Our attorneys are admitted here
Local and state rules in San Antonio
- City of San Antonio hiring policy (City of San Antonio administrative action (City Manager memorandum following December 7, 2016 Governance Committee recommendation))
City of San Antonio civilian job applications do not ask about criminal history; inquiries wait until after a conditional offer, followed by an individualized assessment. Police and fire jobs are excluded. It is an internal policy for city jobs and does not regulate private employers. 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
Can a San Antonio employer reject me over a background check without telling me?
No. Under the FCRA, before taking adverse action based on a background report, an employer must give you a copy of the report and a summary of your rights. After the decision, it must send a notice naming the background check company and explaining your right to dispute. Skipping these steps may give you a claim.
My background check shows a deferred adjudication as a conviction. Is that accurate?
A deferred adjudication that was completed is not the same as a conviction in many contexts. Reporting it as a conviction may make a background report inaccurate. You can dispute the entry with the background check company and provide court records showing the actual outcome.
A tenant screening report listed an eviction case that was dismissed. What can I do?
A screening report that shows an eviction filing without its dismissal may be inaccurate or misleading. You can dispute it with the screening company and include court records. The company generally must reinvestigate within 30 days and correct or delete what it cannot verify.
How long do I have to file an FCRA lawsuit in San Antonio?
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
- U.S. District Court for the Western District of Texas, Jurisdiction and Venue
- 28 U.S.C. § 124 (judicial districts of Texas)
- Texas Legislature, HB 2127 (88th Legislature), enrolled text
- Third Court of Appeals, State of Texas v. City of Houston, No. 03-23-00531-CV (docket)
- 15 U.S.C. § 1681b (employment reports)
- 15 U.S.C. § 1681c (limits on reporting old information)
- 15 U.S.C. § 1681m (adverse action notices)
- 15 U.S.C. § 1681i (disputes and reinvestigation)
- Consumer Financial Protection Bureau, free credit reports
- National Employment Law Project, Ban the Box: U.S. Cities, Counties, and States Adopt Fair-Chance Policies (Oct. 2021)
Updated November 2026. This page is general information, not legal advice.