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What May Be Reported on a State Criminal History Search?

A statewide background check, also known as a state criminal history search, can provide information on a person’s criminal records within a specific state. The details and information included in a state criminal history search can vary depending on the state and its reporting practices. However, some common types of information that may be reported include:

• Arrest Records: Statewide searches may include information about a person’s arrests, such as the date of arrest, the arresting agency, and any charges filed.
• Conviction Records: A state criminal history search usually includes details of convictions, like the offense committed, the date of conviction, the court where the conviction occurred, and any associated sentencing information.
• Felonies and Misdemeanors: The search may reveal if the person has been convicted of felonies or misdemeanors, categorizing the severity of their criminal offenses.
• Warrants and Outstanding Orders: If there are any active warrants or outstanding orders against the person, like bench warrants or arrest warrants, they may appear in a state criminal history search.
• Sentencing and Disposition: Information about the outcome of a criminal case, including sentencing details, probation, fines, and other court-ordered dispositions, may be included.
• Incarceration Records: The search might disclose information about periods of incarceration, such as the dates of imprisonment, correctional facilities involved, and release dates.
• Sex Offender Registry: Statewide criminal history searches often include information from the state’s sex offender registry, indicating if the person is a registered sex offender.
  

Texas Background Data Restrictions and Regulations

Texas has passed several laws aimed at protecting data privacy and mitigating breach risk. For example, the Texas Privacy Protection Act (2019) amended existing data breach notification obligations and created an advisory council to study and evaluate privacy laws in the state.

The Texas Privacy Protection Act (2019) made several changes to the state’s earlier data breach notification laws. Businesses must provide data breach notices to affected individuals within 60 days following the determination that a breach of system security occurred involving sensitive personal information. The notices must include additional content, and businesses that experience a data breach affecting 250 or more Texans must provide notice to the Office of the Texas Attorney General. Texas also created a Privacy Protection Advisory Council to advise the legislature on changes to existing privacy laws.

In addition, Texas has its own version of the Fair Credit Reporting Act (FCRA) statute for background checks. This statute limits consumer reporting agencies from reporting felonies and misdemeanors older than 7 years for Texas criminal background checks. This means that if a person has a criminal record that is older than 7 years, it will not show up on a background check conducted by a consumer reporting agency in Texas.

However, there are no statewide ban-the-box or fair hiring laws for pre-employment decisions in Texas that supplement the background check provisions of the FCRA. Ban-the-box laws typically prohibit employers from asking about an applicant’s criminal history on job applications and delay background checks until later in the hiring process.