Texas Background Check
Background checks are used for a variety of applications. Nowadays, they're an important tool for hiring companies, landlords, and other companies and are crucial for housing or employment approval.
Are you contemplating what you can do to conduct a background check in Texas? This article provides essential information to know about.
3 Motives Employers Conduct Background Checks in Texas
Employers have numerous reasons to conduct a Texas background check for your potential hires. Here are some of the most well-known reasons:
- General Employment Screening
The majority of companies operating in Texas run background screening on their employees in their normal onboarding process. This allows companies to check the applicant's background and confirm that there are no criminal convictions against the applicant's background.
- Managerial Position Screening
Managers have a higher responsibility than employees who are in the typical job. It is normal for employers to background check anyone applying for Manager's post. Managers' background check requirements may be more stringent than those for employees working at entry-level positions.
- Screening for individuals in the Professions of Care
First responders, EMS staff caregivers, EMS personnel, and other personnel must deal with vulnerable groups, such as adults and children. To protect their clients and their patients, employers check applicants through an extensive examination. It's standard for potential clients to undergo a background check, criminal records check in addition to any other background check that the company considers valid.
How do you conduct background checks for applicants in Texas?
In the state of Texas, the Texas Department of Public Safety (or TxDPS) manages all background checks. In addition, this agency is accountable for maintaining its Conviction Database that serves as a central repository of all criminal records publicly available straight from the Computerized Criminal History (CCH) system.
CCH is a unique database. It houses all the criminal records of California from both public and private sources. Only law enforcement agencies that are authorized and criminal justice organizations are able to access CCH.
Public records such as vital and criminal histories as well as court records and other records. In contrast, they are easy to locate within Texas. The Texas Department of Public Safety or the Texas Office of Court Administration manages the records, and organizations can request copies through the appropriate channels.
While your company can conduct its background checks, it's recommended to work with an external background check company like The Koleman Group LLC. By yourself, you'll only have access to information available to the public. While public records are useful, they don't give the full image of an individual's background and could also be missing crucial details about convictions and arrests, which can be found within private files.
However, if you decide to partner with an outside background check company, you get access to all the necessary documents and documents related to criminal convictions and records.
How far back can a background check be run in Texas?
Within the State of Texas, background checks for criminals carried out by employers can extend for seven years back in the applicant's criminal and personal record. However, there are some exceptions to this rule.
In compliance with Texas law (TX bus. Code Sec. 20.05), The seven-year pay period is not applicable if the pay for the position is greater than $75,000 per year. Suppose the applicant is applying for a job with a pay rate of greater than $75,000 per annum. The employer is entitled to check the applicant's file starting when the applicant was 18.
The seven-year rule is in effect when a company hires an outside company for a background check. This is because the information on consumers is subject to state and federal laws and regulations.
Employers must also consider that court records typically do not allow criminal records to be recorded of youngsters. That means employers won't discover any convictions or convictions who were applicants prior until they reached 18.
Arrests with no Conviction
What is the outcome if a possible victim was charged with an incident but never actually
In the state of Texas, arrests that don't end in a conviction should not be the sole reason for deciding on hiring. Texas believes individuals should be innocent until proven guilty. The U.S. Equal Employment Opportunity Commission (EEOC) is a federal government agency that enforces laws that prohibit discrimination. These laws limit the use of Texas arrest records in hiring decision-making. Therefore, it is important to know when to conduct a criminal background check in Texas.
For compliance, employers must restrict their recourse on guilty pleas or convictions, as well as pleas of no contest, when making a hiring decision.
How do I find the best method to conduct compliant background checks for Texas?
If you're trying to make sure the background check is conducted and you are aware of equity and communications. According to EEOC guidelines, it's unlawful to conduct background checks on someone applying for employment if the decision is by the color of national origin or disability, sex, race or age of religion, or the genetic data.
When you collect details about your background from an external background check company, the Federal Trade Commission (FTC) and the Fair Credit Reporting Act (FCRA) will require you to follow the following guidelines:
The applicant or employee should inform them that you will utilize the information to make the right choices regarding their work. The information should be written out and submitted on an additional form. This information should not be part of an application for the job. It is possible to include specifics within your notice (such as a brief description of your purpose report about consumer behavior) but only if they don't contradict or conflict with the information.
Suppose you're looking for a business's assistance in preparing your "investigative report," which is a document based on interviews with people regarding the person's character and public image and their aspects and characteristics. In that case, It is your responsibility to inform the applicant or employee of their rights to be informed about the nature and scope of the investigation.
Get the employee or applicant's written authorization to conduct a background check. It can be part of the form you sign to notify who will receive your report. If you'd like to allow you to use background checks during your work, be sure to express the information clearly and in a clear manner.
Attest to the company that is receiving the report that:
Inform the applicant and ask their consent to obtain an informational background check;
Was in conformity with all FCRA requirements.
It does not make any discriminatory claims about applicants or employees or employ the information to violate any laws or regulations that pertain to equality of opportunity, regardless of state or federal laws or regulations.
Suppose your background check reveals past convictions that permit unfavorable decisions (for example, not hiring the candidate or hiring them for the same job at a lower level). In that case, The FCRA gives this set of guidelines.
Before you can make an adverse employment decision, you must give the applicant or employee with:
A statement that includes the copy of the report on consumers that you used to make your conclusion.
A copy of "A Summary of Your Rights Under the Fair Credit Reporting Act," which you should be receiving from the company that provided you with the information.
If you have provided the person with the details before the date, the person can go through the report and talk about the negative aspects.
If you've made an adverse employment measure, you must inform the applicant or employee (orally or in written writing, or by electronic method):
They were rejected because of the information in the report.
Is the address, title address, and number of the company that bought the report.
that the company selling the report didn't decide to hire the employee and is not able to provide the reasons for the hiring decision and
They have the right to challenge the report's accuracy or exactness and obtain an additional report at no cost from the company that provided the report for up to 30 days.
Do you require speedy, precise, and compliant Texas background screenings? We can help!
As you can see, background check compliance guidelines can be a little complicated, and it is easy for businesses to make a mistake. However, it is possible to speed up the process by working together and The Koleman Group LLC.
As a leading provider of background checks that meet the requirements of Texas and a range of other states, we provide quick, reliable, accurate, and secure background check services you can be confident in.
Updated on 2022-06-07 21:33:49 by larry coleman