What Shows Up in a Criminal Background Check in Houston?

Knowing what shows up in a criminal background check is important information for Houston job seekers, especially those with a history of legal encounters. In this blog, we explain the components of background checks, addressing the types of criminal records that may surface and the influence they hold over hiring decisions, as well as your legal rights and the employers’ obligations.

Understanding Background Checks in Texas

In Texas, the legal framework governing background checks is designed to balance the safety and interests of the public with the rights of the individual. Employers and others are legally permitted to conduct background checks under Texas law, which they often do to gauge the trustworthiness and reliability of a person.

A typical background check may cover a variety of records:

• Criminal Records: Including convictions, arrests, court records, and warrants.
• Employment History: Verifying past employment, including positions held and durations of service.
• Education Verification: Confirming degrees, diplomas, and certifications from educational institutions.
• Credit History: Assessing creditworthiness, which is particularly relevant for positions that involve financial responsibilities.

Several types of background checks might be conducted, depending on the nature of the opportunity or application:

• Employment Background Checks: Focused on an applicant’s suitability for a job.
• Tenant Screening: Used by landlords to assess potential renters.
• Personal Background Checks: Sometimes conducted by individuals on themselves to review accuracy or in preparation for job searches.

Background checks are not only used before an engagement, such as employment or tenancy, but may also be conducted periodically, especially in industries where ongoing trust and security are paramount.

For those living in Houston, understanding these checks is particularly important due to the city’s diverse economy and competitive job market. In Houston’s expansive sectors — from energy to healthcare — employers may have industry-specific regulations that necessitate rigorous background screenings.

What Employers May Check

When performing background checks, Texas employers may look into various types of records:

• Arrest Records: These reflect instances where an individual was taken into custody but may not always lead to convictions. Employers evaluate the nature and gravity of the arrests in context with the job role.
• Conviction Records: These include misdemeanors and felonies that resulted in a conviction, which employers scrutinize to assess the potential risk to their operations or reputation.
• Juvenile Records: Generally sealed to protect privacy, these records may be pertinent in positions involving minors and are subject to specific legal statutes.

Understanding the scope of these records helps candidates anticipate what employers might uncover and prepare accordingly.

Your Rights and Employer Obligations

In Texas, the process of undergoing a background check is not a one-way street. You, as a job applicant, have specific rights that employers must respect, and employers have certain obligations they must fulfill when conducting these checks.

Right to Consent

Before conducting a background check, employers must obtain your written consent. This is not just a courtesy; it’s a legal requirement under the Fair Credit Reporting Act (FCRA). Without your permission, an employer cannot proceed with the background screening.

Right to Information

Should an employer decide against hiring you based on the findings of a background check, they are required to inform you and provide the specific reasons for their decision. This requirement ensures transparency and allows you to address any inaccuracies.

Right to Dispute

If you believe that your background check contains errors, you have the right to dispute the information. The company that provided the report has an obligation to investigate and correct any inaccuracies you identify.

Obligation to Maintain Privacy

Employers must handle all information from background checks with strict confidentiality. Only those directly involved in the hiring process should have access to this information, and it should not be used for any purpose other than making an employment decision.

Obligation to Follow Equal Employment Opportunity Commission (EEOC) Guidelines

Under EEOC guidelines, employers cannot use background check information to discriminate against candidates. They must apply the same standards to all applicants, regardless of race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age (40 or older).

Obligation to Comply with the Texas Fair Reporting Act

In addition to federal regulations, Texas has its own set of laws governing the use of background checks in employment. The Texas Fair Reporting Act provides additional protections to job applicants, including limits on how far back an employer can look into your criminal history for certain types of offenses.

Texas Background Checks: Scope & Limitations

Background checks in Texas have their unique characteristics shaped by state law and local practices. Houston job seekers need to be aware of these specifics to prepare adequately for what potential employers might find. These checks can include a variety of records, but there are sometimes limitations to protect job seekers:

• Seven-Year Rule: Generally, Texas follows the FCRA’s seven-year rule, limiting reporting on certain negative information, including civil suits, civil judgments, arrest records, and paid tax liens, to seven years from the date of resolution or filing.
• Salary Exceptions: For positions that pay an annual salary of $75,000 or more, the seven-year rule does not apply, and a background check may include information that goes back further.
• “Ban the Box” Laws: Houston adheres to “Ban the Box” policies for city employment, meaning that the city does not ask about criminal history on initial job applications. This allows candidates to be evaluated on their qualifications first without the immediate bias of a criminal record.

Criminal Records on Background Checks

While arrests that did not lead to convictions are generally not reported after seven years, convictions can appear indefinitely. Employers can consider convictions relevant to the job’s responsibilities.

Credit History and Checks

Credit checks are typically used for positions that involve financial responsibility. However, Texas law restricts the use of credit information in making employment decisions unless it is substantially related to the position.

Special Considerations for Houston Industries

Local industries in Houston, particularly energy and healthcare, may require more extensive background checks due to federal regulations and safety concerns. These checks can include verifications beyond the typical criminal and credit history, like educational background, professional licenses, and driving records.

Public versus Private Sector Jobs

Public sector jobs in Texas often have more stringent background check requirements, especially for positions related to security, law enforcement, or that involve working with vulnerable populations.

Sealed and Expunged Records

If you’ve had records sealed or expunged, they should not appear on a background check. However, errors occur, and it’s crucial to ensure that these records have been properly removed from your history.

What Won’t Show Up in a Criminal Background Check

Certain information is typically not included or is restricted on a Texas background check:

• Juvenile Records: Generally, juvenile criminal records are sealed and not accessible to employers.
• Minor Traffic Violations: Minor infractions, like parking tickets, often do not appear on a criminal background check unless they are part of a larger incident or arrest.

What Shows Up in a Criminal Background Check for Pending Charges?

In Texas, pending charges — cases that have been filed but not yet resolved in court — are typically visible on a background check. Employers may view pending charges with varying degrees of concern, depending on the nature of the charge and its relevance to the job in question.

Employer Considerations

Employers may weigh the type of offense when assessing a candidate. Charges related to offenses such as assault, theft and fraud are often taken more seriously than other types of offenses.

The specific responsibilities of the position you’re applying for will influence how an employer interprets pending charges. For example, a charge related to driving under the influence may be particularly relevant if the job requires driving.

Your Rights and the Hiring Process

Under EEOC guidelines, you should be treated the same as any other applicant, and pending charges should not be used to discriminate against you.

You have the right to explain the circumstances of any pending charge to a potential employer. Offering context can sometimes mitigate concerns.

The Texas Workforce Commission also provides guidelines for employers on how to consider applicants with criminal records, advising against blanket policies that exclude all applicants with any criminal history.

Deferred Adjudication and Your Record

Deferred adjudication in Texas is a plea deal where the defendant pleads “guilty” or “no contest” to criminal charges, and the court defers a finding of guilt. Instead of an immediate conviction, the court places the defendant on probation. If the probation is successfully completed, the charges may be dismissed.

While the charges will appear on background checks, they will be noted as not resulting in a conviction if the probation is completed successfully. Employers may consider deferred adjudication differently than a conviction, often viewing it more favorably, particularly if probation was completed without incident.

After completing deferred adjudication, you may be eligible for an order of non-disclosure, which seals the record from the general public. If your charges are dismissed following deferred adjudication, you may be able to have your arrest record sealed.

Strategies for Addressing Pending Charges

When it comes to addressing pending charges in the context of employment, there are several strategies that can be effective. One of the most crucial steps is to seek legal counsel. Consulting with your Houston criminal defense attorney can offer valuable guidance on how to navigate this complex situation. An attorney can provide tailored strategies that are specific to your case and circumstances, which can be invaluable in understanding and managing the impact of these charges on your employment prospects.

Another key approach is honesty. If you’re asked directly about any pending charges during a job application process or interview, it’s important to be upfront. While this might seem daunting, preparing to openly discuss these charges and how you are actively addressing the situation can often work in your favor. Employers generally appreciate transparency and the willingness to communicate about difficult subjects. Moreover, being honest about your situation can prevent future complications or misunderstandings that could arise from withholding such information.

Lastly, consider providing documentation about your pending charges. A statement from your attorney or official documents that clarify the status of your case can sometimes reassure potential employers. This documentation can serve as a tangible proof of your proactive and responsible approach to the situation. It not only shows that you are taking the necessary legal steps but also demonstrates your commitment to resolving any issues. Such a gesture can go a long way in establishing trust with a prospective employer, potentially making them more inclined to consider your application despite the pending charges.

How to Manage What Shows Up in a Criminal Background Check & Its Impact on Your Life

Having a criminal record in Houston does not have to be a permanent roadblock in your professional journey. Here’s how you can proactively manage your record and mitigate its impact:

Understand Your Record

Start by getting a copy of your criminal record to know what employers will see. Ensure all information is correct. If there are errors, take steps to have them corrected.

Explore Legal Remedies

• Expungement: Find out if you’re eligible for expungement, which erases convictions from your record.
• Non-Disclosure Orders: In some cases, you may be able to seal your record through a non-disclosure order, making it inaccessible to the public and most employers.
• Legal Consultation: Contact a criminal defense attorney to discuss your options for expungement or non-disclosure.

Preparing for the Job Market

• Network: Leverage your personal and professional networks. Personal recommendations can be powerful in overcoming barriers due to a criminal record.
• Skill Development: Focus on building skills and qualifications that can make you a more attractive candidate.
• Rehabilitation Programs: Participate in rehabilitation or educational programs that demonstrate your commitment to self-improvement.
• Documentation: Keep records of any rehabilitation efforts, community service, or continuing education to show proactive steps taken since the conviction.

Communicating with Employers

• Prepare Your Pitch: Craft a narrative about your criminal record that reflects honesty, responsibility, and the positive changes you’ve made.
• Highlight Growth: Show how you’ve grown from your past experiences and how they’ve prepared you for the job role.
• Practice Responses: Role-play potential interview questions with a friend or mentor to build confidence in discussing your record.

On the Application

• Read Carefully: Review job applications thoroughly. Some may only ask about felonies or convictions within a certain timeframe.
• Be Honest but Strategic: Disclose what is required, but don’t volunteer information that isn’t asked for. Focus on your qualifications and fit for the job.

After the Background Check

• Open Dialogue: If a background check brings up your criminal history, be prepared to discuss it openly with potential employers.
• Reassurance: Offer reassurance about your reliability and character by providing professional references and character testimonials.

Remember that even in Houston’s dynamic job market, many employers are willing to give candidates a second chance, especially if they can demonstrate commitment to change. By taking these steps, you can manage the implications of your criminal record and reduce its impact on your employment opportunities.

Get Help Protecting Your Legal Rights During a Criminal Case in Houston

Facing a criminal charge in Houston? It’s crucial to protect your rights and understand the implications every step of the way. As a seasoned Houston criminal defense attorney, Lisa Shapiro Strauss is dedicated to ensuring your rights are upheld while navigating the complexities of your case. Don’t let uncertainty and legal challenges overwhelm you. Schedule your consultation today and take a decisive step towards safeguarding your rights and future.