Fort Worth Background Checks: An Employer’s Guide [2025]

Employers based in Fort Worth, Texas must confirm that their job candidates are safe, trustworthy, and qualified before hiring them.

This involves conducting comprehensive background checks, which include an analysis of criminal records, education history, employment history, and more.

As an experienced employment screening company, iprospectcheck routinely conducts background checks for employers in Fort Worth and across the state of Texas.

This guide will provide an overview of what you need to know about Fort Worth background checks, the laws that govern the process, and how to conduct them efficiently and compliantly.

What is a Fort Worth Employment Background Check?

A Fort Worth employment background check involves researching an applicant’s qualifications, educational attainment, employment history, and criminal record to confirm their qualifications, safety, and trustworthiness.

This practice helps Fort Worth employers make more informed hiring decisions and safeguard their company’s reputation, employees, and customers.

Why Do Fort Worth Employers Perform Background Checks?

There are several reasons employers in Fort Worth perform background checks on potential hires, including:

1. To Maintain a Safe Work Environment

Employers have a responsibility to provide a safe environment for their employees and customers.

A background check helps identify if an applicant has a criminal history that could potentially put other employees and customers at risk.

2. To Ensure the Integrity of the Hiring Process

Employers can protect the integrity of the hiring process by ensuring background checks are conducted uniformly regardless of an applicant’s characteristics.

Having a background check policy ensures uniformity, reduces unconscious biases, and helps to ensure the hiring process is fair.

Verifying the information provided by all candidates considered for similar positions can help employers to prevent inadvertent discrimination in hiring.

3. To Comply with State and Federal Laws

Certain positions may require a background check under state or federal laws and regulations.

This is particularly true for jobs involving work with vulnerable populations like children, the elderly, or the disabled and safety-sensitive jobs in companies regulated by the U.S. Department of Transportation (DOT).

4. To Reduce the Risk of Negligent Hiring Liability

Employers can be held legally accountable if they hire someone who harms others in the course of their job when a reasonable background check could have revealed the risk.

5. To Secure Client Trust

When employees have access to sensitive client information, having a background check policy provides reassurance to clients that their information is secure.

This is especially true for sectors like finance, healthcare, and education.

What Shows up on a Fort Worth Background Check?

What appears on a background check depends on the requests the employer makes.

Most employers request the following searches:

• Criminal history
• Employment history
• Education history
• Identity verification
• Motor vehicle records

Employers hiring for positions requiring professional licensure also might ask for verification of their applicants’ credentials.

Those who hire for jobs requiring driving might request motor vehicle records checks.

Here’s what might appear on these searches:

Criminal History

If an applicant has a criminal conviction or pending criminal charge, a criminal background check reveals the following:

• Criminal case number
• Offense type
• Offense date
• Severity of the offense (misdemeanor or felony)
• Disposition and disposition date
• Sentence information

Expunged records can’t be reported.

Employment Verification

Employment verification discloses details about an applicant’s previous employment, such as employer names and addresses, employment dates, and positions held.

Education Verification

Education verification confirms an applicant’s educational history, including names of schools attended, dates of attendance, and degrees or diplomas conferred.

Professional License Verification

Professional license verification validates a candidate’s professional credentials and provides the license number, issuance date, type of license, expiration date, and any public disciplinary actions or sanctions.

Identity Verification

Identity verification confirms the applicant’s identity by cross-referencing address history, dates of birth, and other information.

Motor Vehicle Records Check

A motor vehicle records (MVR) check reports information about an applicant’s driving history, including:

• License class
• License number
• Issuance date
• Expiration date
• Revocations/suspensions
• Traffic citations
• Major traffic offenses

Laws and Regulations

Federal Laws

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) protects consumer privacy when consumer reporting agencies (CRAs) gather and report their information, including third-party background screening companies.

The FCRA has a seven-year rule that prohibits CRAs from reporting certain information older than seven years for positions with annual salaries under $75,000, including:

• Arrests not resulting in convictions
• Bankruptcies (Chapter 13; Chapter 7- 10 years)
• Paid tax liens
• Civil lawsuits
• Collection accounts
• Civil judgments

The seven-year restriction doesn’t apply to criminal convictions, positions paying more than $75,000 per year, or other relevant information about an applicant’s employment, education, license status, etc.

The FCRA also governs how employers should act when they receive information on a background check report and want to base an adverse hiring decision on that information.

If you learn something negative on a background check and want to deny the applicant the job based on that information, you must complete the adverse action process before making a final hiring decision.

Fair Chance to Compete for Jobs Act

Fort Worth employers that have or are seeking federal contracts need to know about the Fair Chance to Compete for Jobs Act.

This law is a federal fair chance hiring law that applies to federal contractors and the agencies with which they contract.

Under this law, federal contractors can’t inquire about an applicant’s criminal history until after they have extended contingent employment offers.

Federal agencies can’t extend contracts to companies that don’t abide by the Fair Opportunity to Compete for Jobs Act.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination in hiring and employment based on applicants’ and employees’ protected characteristics.

According to the Equal Employment Opportunity Commission (EEOC), Title VII also applies to employment background checks that reveal the criminal records of applicants.

If you learn an applicant has a criminal record from a background check, you should complete an individual assessment of the conviction and how it relates to the job for which you are considering the applicant before deciding to deny them the position.

State Laws

While some states have passed ban-the-box laws, Texas doesn’t have such a law. A few cities and counties have passed fair chance hiring and ban-the-box rules, but those local laws might be pre-empted by the recent passage of Texas House Bill 2127.

Texas House Bill 2127

Texas House Bill 2127 was signed into law by Gov. Greg Abbott on June 14, 2023. This law states that any local (county or municipal) law that extends beyond what state law provides will be pre-empted.

While attorneys are currently reviewing local laws to determine the impact of HB 2127, many believe that local ban-the-box and fair chance hiring rules in certain cities and counties will be pre-empted.

Texas does not have a statewide ban-the-box law, so the absence of a state rule would mean that a local ordinance should be pre-empted under state law.

This might affect cities and counties that have passed ban-the-box or fair chance hiring policies or ordinances, including Harris County. However, neither Tarrant County nor Fort Worth has enacted these types of local laws.

HB 2127 will be effective on Sept. 1, 2023.

Texas Expunction Law

In Texas, an expunction is a process through which people with certain criminal records can have them expunged.

The Texas expunction law is codified at Tex. Code Crim. Proc. § 55.01 and provides people with pardoned or dismissed criminal records, those who have been acquitted, and people who have completed class C misdemeanor deferred adjudications can request expunction.

Texas’s expunction law is limited and does not allow those with most types of criminal convictions to seek expungement. However, if an applicant has an expunged record in Texas or from another state, it won’t be reported.

People who have expunged records also are not legally required to report them, and employers should avoid inquiring about expungement.

Texas Seven-Year Rule (Mini-FCRA)

Texas adopted a state law that is very similar to the FCRA and is referred to as the mini-FCRA. However, Bus. & Comm. Code § 20.5, the state’s law, contains one important difference from the FCRA.

Under state law, third-party CRAs can’t report criminal convictions on background checks that are more than seven years old when the positions pay annual salaries of less than $75,000. By contrast, the FCRA’s seven-year rule does not restrict the reporting of convictions.

While it might appear that older convictions can’t be reported on background checks for most jobs in Texas, the mini-FCRA was pre-empted by the FCRA. This means that the FCRA controls instead of the state law, and convictions can still be reported back to an applicant’s 18th birthday.

Many CRAs still abide by the seven-year rule in Texas for reporting conviction information, however.

Local Laws

Fort Worth and Tarrant County do not have any relevant ban-the-box rules. Instead, employers must comply with Texas state laws and regulations and federal laws.

The City of Fort Worth does have a nondiscrimination law found at Fort Worth Tx. Code § 17-67 that includes additional protected characteristics beyond what is protected under Texas Lab. Code § 21.051.

Under Fort Worth’s municipal code, gender identity, gender expression, transgender status, and sexual orientation are expressly protected against workplace discrimination, while these characteristics are not explicitly protected under Texas state law.

With the signing of HB 2127 into law by Gov. Abbott, this local law might be pre-empted. However, employers should continue to avoid workplace discrimination based on the protected characteristics listed under the local rule to avoid potential litigation.

How to Conduct Compliant Background Checks in Fort Worth, TX

1. Establish a Comprehensive Background Check Policy

Your organization should create a background check policy that outlines the process of conducting background checks.

This policy should ensure your HR team follows all federal, state, and local laws related to employment screening.

2. Ensure Compliance with Notice and Consent Requirements

Before initiating a background check, you must provide clear notice to applicants and obtain their written consent.

The FCRA requires this notice to be provided separately from the job application and other paperwork to ensure it isn’t overlooked.

3. Select a Reputable Employment Screening Provider

Although you can conduct background checks independently, it’s usually more efficient and reliable to partner with a professional employment screening company like iprospectcheck.

We’re known for our strict legal compliance and our capability to seamlessly integrate with your applicant tracking system (ATS). This not only streamlines your hiring process but also minimizes potential errors.

Moreover, our quick turnaround times ensure you have the necessary information when you need it.

4. Time Your Background Checks Appropriately

As a best practice, conduct background checks after extending a conditional job offer to your candidates.

While there are no specific ban-the-box laws in Texas or Fort Worth, this approach allows you to make fair assessments based on a candidate’s qualifications before considering their criminal history.

Waiting also helps to save money on background checks until you’re sure an applicant is otherwise qualified.

5. Opt for Background Checks Relevant to Your Industry and the Position

Make sure to select the background check packages that are relevant to the position and industry, ensuring you’re not over-checking or under-checking your potential hires.

6. Carry Out a Fair Assessment of Conviction Records

If a background check reveals a criminal record, don’t rush to a decision.

Instead, take time to assess the nature of the offense, its relevance to the job responsibilities, and the time since the conviction.

A fair and individualized assessment is essential to avoid blanket exclusions based on criminal records.

7. Communicate the Results Effectively

After receiving the background check report, it’s essential to communicate the results to the candidate and maintain transparency throughout this process.

8. Adhere to the Adverse Action Process

If you decide not to hire a candidate based on the information revealed in the background check, you must follow the FCRA’s adverse action process.

This process includes providing a pre-adverse action notice, allowing the candidate to correct any inaccurate information, and if you decide to proceed with the decision, sending a final adverse action notice along with a copy of the applicant’s rights.

Turn to iprospectcheck for Reliable Fort Worth Background Checks

Trust iprospectcheck for comprehensive, compliant, and speedy background checks in Fort Worth, Texas.

Our experienced team ensures that you receive accurate and thorough information to make informed hiring decisions while also strictly adhering to local, state, and federal regulations.

Contact us today to learn more about our background check services: 888-509-1979

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.