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Background checks — Texas

In some situations, the federal and state laws that protect applicants from discrimination on the basis of race, national origin, sex, disability, etc. may also result in the consideration of certain criminal background checks as evidence of discrimination. An employer should carefully consider the influence on hiring decisions of arrest or medical records and seek the advice of an attorney when faced with any situation that raises conflicting obligations.

  • Social Security number - Giving false Social Security numbers and/or dates of birth are the most common means by which applicants attempt to hide criminal backgrounds.
  • Driving records - Verify an applicant’s driving history for all positions that require driving. Driving records may reveal otherwise unnoticeable characteristics that may disqualify an applicant, such as a history of driving under the influence of alcohol. If an applicant claims he or she does not yet have a driver’s license, do not make any assumptions – confirm the accuracy of the claim.
  • Criminal records - Obtaining criminal records on an applicant, candidate or employee is a difficult task in Texas. Records for public access are kept on a county-by-county basis. Texas employers must therefore perform a county-by-county search to...

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