Employers in Irving, Texas play a crucial role in ensuring the safety and integrity of their workforce by conducting thorough background checks on potential employees.
Employment background checks provide a wealth of information, including criminal history, past employment, educational history, and other pertinent details, and allow employers to make well-informed hiring decisions.
At iprospectcheck, we conduct comprehensive background checks for employers throughout Texas, including in Irving and the counties of Dallas and Tarrant.
Read on for a definitive guide to background checks in Irving, Texas written by our team of experts.
Key Takeaways
- Irving employment background checks allow employers to verify the claims made by applicants on applications and resumes.
- By conducting a background check, an Irving employer can review a candidate’s employment history, educational record, criminal history, professional license, and other relevant information for the job.
- Employers must always comply with the law when they perform background checks to mitigate legal risks and potential penalties.
What is an Employment Background Check in Irving?
An Irving employment background check is a pre-employment screening process involving an extensive examination of a candidate’s education, work history, criminal record, and other job-related details.
Employers in Irving utilize these background checks to confirm that a potential employee is trustworthy, reliable, and suitable for the job.
When conducted correctly, employment background checks assist employers in making sound employment decisions while protecting the company’s clients, employees, and reputation.
Why Do Employers in Irving, Texas Perform Background Checks?
Irving employers conduct background checks for various reasons, including the following:
1. Ensuring a Safe Workplace
In 2019, the most recent year for which data is available, the Irving Police Department reported that 591 major felonies were committed in the city (these include homicides, rapes, robberies, aggravated assaults, burglaries, felony thefts, and motor vehicle thefts.)
Employment background checks facilitate workplace safety by helping employers identify candidates with relevant criminal convictions or poor driving records.
2. Promoting a Fair, Unbiased Hiring Process
A comprehensive background check policy can ensure HR staff carry out background checks uniformly, mitigating the impact of unconscious biases.
This practice helps to improve fairness and consistency in the recruitment and hiring process.
3. Complying With State and Federal Laws
Certain employers regulated by specific agencies are legally obliged to conduct employment background checks.
For example, the U.S. Department of Transportation (DOT) mandates that employers it regulates must conduct DOT background checks on applicants for safety-sensitive roles.
Companies employing individuals to work with vulnerable populations, including children, people with disabilities, or elderly adults, must also conduct background checks in Texas.
4. Minimizing the Risk of Negligent Hiring Lawsuits
If an employer neglects to conduct a background check that would have revealed that an employee was unsuitable or potentially dangerous, they can be sued for negligent hiring if the employee later causes harm while on duty.
Employment background checks reduce negligent hiring liability risks by identifying applicants with convictions indicating they are unqualified or potentially dangerous.
5. Enhancing Client Confidence
Companies operating in specific sectors, such as finance and healthcare, frequently handle confidential client information.
A thorough background check process helps instill confidence in clients that your employees will respect and protect their sensitive data.
What Appears on an Irving, Texas Pre-Employment Background Check?
The information appearing on an Irving, Texas background check may differ based on the types of checks you request.
Typically, employers may ask for the following types of checks in standard background investigations:
- Identity confirmation
- Employment history
- Criminal records
- Educational verification
Companies hiring for roles involving driving may also request motor vehicle records (MVR) checks, and those hiring for positions requiring specific professional qualifications may request professional license verification.
Here’s a breakdown of the types of information that may be reported for each of these checks:
Identity Confirmation
The first step of an employment background check involves confirming the identity of the prospective candidate.
This ensures that the reports received belong to the right individual and not someone else who shares a similar name.
Employment Verification
Verifying employment history helps confirm what an applicant has shared about their work experience.
The report typically includes addresses and names of previous employers, employment start and end dates at each company, and held positions.
Criminal Records
Criminal records checks provide insight into any criminal convictions or pending legal issues of a potential employee.
If a candidate has a reportable criminal history, the report may include:
- Court case number
- Arrest/offense date
- Nature of the offense
- Misdemeanor or felony classification
- The disposition of the charges
- Date the charges were disposed of
- Sentencing details when available
Convictions that have been expunged or ordered non-disclosed cannot be reported or inquired about.
Education Verification
Education verification validates the candidate’s reported educational background.
It will include information on the schools attended, dates of attendance, and any degrees or diplomas earned.
MVR Check
When hiring for roles involving driving, an MVR check will reveal information about the applicant’s driver’s license and driving history.
The report may include license details, the license’s issuance and expiration dates, any suspensions or revocations, traffic violations, and major traffic violations.
Professional License Verification
Professional license verification confirms a candidate’s professional license and credentials.
The report includes:
- Type of professional license
- License number
- Date of issuance
- Validity and current status of the license
- Details on professional disciplinary actions
- License expiration date
Know Before You Hire
How to Conduct Employment Background Checks in Irving, Texas
1. Develop a Comprehensive Background Check Policy
Your company should establish a thorough background check policy that adheres to the FCRA and other relevant laws before commencing background checks.
Adequately training your HR personnel in conducting background checks can help avoid potential legal issues.
2. Abide by Disclosure and Consent Requirements
Under the Fair Credit Reporting Act (FCRA), it is mandatory to inform applicants in writing that background checks are part of your hiring process.
The notice should be clear and provided separately. You must also obtain the applicant’s written consent before initiating a background check.
3. Collaborate with a Trustworthy Employment Screening Provider
Choose a legally compliant, dependable company like iprospectcheck to ensure your reports are current, accurate, and align with all relevant laws.
iprospectcheck offers a streamlined process that integrates seamlessly with most applicant tracking systems (ATS).
4. Perform Background Checks Later in the Hiring Process
It’s often wise to conduct background checks after you have narrowed down your candidate pool to a couple of otherwise-qualified candidates or have extended a conditional job offer to a single applicant.
This approach saves time and resources.
5. Customize Your Checks Based on Position and Industry
Only request relevant checks for the positions you offer and the industry you operate in.
Tailoring your background checks helps you avoid unnecessary costs.
iprospectcheck can assist you in tailoring your background check with a wide range of available searches.
6. Carry Out Individual Assessments of Criminal Convictions
Avoid establishing a blanket policy of rejecting applicants with a criminal history.
Evaluate convictions in relation to the job’s responsibilities before making a hiring decision.
7. Inform the Candidate
Once you’ve reviewed the background check report and made a decision, let the candidate know.
If you’ve decided to hire them, communicate their start date and arrange for onboarding.
8. Comply with the Adverse Action Process
If your decision not to hire a candidate is based on information from a background check, you must adhere to the FCRA’s adverse action process.
Provide the candidate with a pre-adverse action letter outlining the concerning information, and include a copy of the report.
Give the candidate a chance to challenge inaccurate information or provide evidence of rehabilitation.
If you decide not to hire them after the first two steps, send them a final adverse action letter and a copy of their FCRA rights.
Background Check Laws
Federal Laws
Fair Credit Reporting Act (FCRA)
The FCRA safeguards the consumer information consumer reporting agencies (CRAs) collect and deliver to third parties, including creditors, landlords, and employers.
This law also legally obligates users of information provided by CRAs to notify individuals before they obtain reports and secure their written consent.
For CRAs, the FCRA places a seven-year restriction on reporting the following information to employers for jobs with annual salaries of less than $75,000:
- Paid tax liens
- Debt collection accounts
- Civil judgments
- Civil lawsuits
- Chapter 13 bankruptcies (Chapter 7 – 10 years)
- Arrests that didn’t lead to convictions
When a job pays a salary of at least $75,000 per year, the seven-year lookback period won’t apply.
The FCRA’s limitations also do not apply to the reporting of other types of relevant background information about an applicant, including their work history, education, or criminal convictions.
Under the FCRA, employers have the following legal obligations when they use CRAs to complete background checks:
- Employers must disclose their intent to complete background checks in a separate form provided to applicants.
- Employers must obtain their applicants’ signed consent before requesting a background check.
- Employers must provide certification to the CRA that they have met the notice and consent requirements when they request reports.
- If an employer intends to deny a job to an applicant because of information revealed in a background check report, they must complete the adverse action process before making a final decision.
The Federal Trade Commission (FTC) is authorized to enforce the FCRA under 15 U.S.C. § 1681s(a). If an employer knowingly violates the FCRA, applicants can pursue civil penalties of up to $2,500, actual damages, and attorney’s fees. If the employer has engaged in a pattern and practice of FCRA violations, punitive damages can also be ordered.
Title VII of the 1964 Civil Rights Act (Title VII)
Title VII and its amendments protect employees and applicants against workplace discrimination based on their protected characteristics (race, religion, sex, national origin, color, etc.).
In terms of employment background checks, employers must avoid background check policies that discriminate against members of protected groups and should instead uniformly complete employment screens for all applicants.
Title VII also affects how employers should handle criminal records revealed on background check reports.
According to employer guidance issued by the Equal Employment Opportunity Commission (EEOC), employers should individually compare information about a criminal conviction to the responsibilities the applicant would have if hired for the position.
Employers should avoid decisions not to hire applicants based on criminal conviction information until they have individually assessed the convictions.
Fair Chance to Compete for Jobs Act (FCA)
The FCA is a fairly new bill that was signed into law in Dec. 2019 as an amendment to the National Defense Authorization Act for Fiscal Year 2020.
It is a federal ban-the-box law that applies to federal agencies and private companies that seek federal contracts.
If you intend to seek federal contracts, you must wait to inquire about criminal history information until after you have made a conditional job offer to the applicant.
Companies that ask an applicant about criminal history information before making a job offer can’t be awarded federal contracts.
Federal agencies are prohibited from contracting with companies that violate the FCA.
State Laws
Texas Mini-FCRA
The state of Texas has a law that largely tracks the federal FCRA found at Texas Bus. & Comm. Code § 20.05.
Like the FCRA, the Texas mini-FCRA provides a seven-year lookback period that restricts the reporting of older information for jobs paying less than $75,000 per year.
However, the Texas mini-FCRA goes further than federal law by prohibiting CRAs from reporting criminal convictions older than seven years. The FCRA doesn’t restrict CRAs from reporting conviction information regardless of age.
While the state law appears to provide more restrictions than the FCRA, the FCRA includes a preemption provision in 15 U.S.C. § 1681t. Under this section, the FCRA overrules any state law that goes beyond the FCRA and applies to any laws enacted after the FCRA was passed.
Since the state law was enacted after the FCRA, it is preempted. This means the FCRA controls, and the reporting of conviction records is not restricted to seven years.
Despite this, many CRAs won’t report conviction records older than seven years when completing Irving employment background checks.
SB 1849
Gov. Greg Abbott signed Texas SB 1849 into law on June 18, 2023.
This law orders the creation of an interagency search engine to combine do-not-hire registries that are currently maintained by the Texas Health and Human Services Commission (HHSC), the Texas Education Agency (TEA), and the Texas Department of Family and Protective Services (DFPS).
The law will be effective on Sept. 1, 2023. Beginning on that date, employers hiring applicants for jobs working with vulnerable populations will be able to search a single database to check whether an individual has been excluded because of misconduct.
SB 1849 also requires companies to report individuals to the registry who have engaged in misconduct against vulnerable people.
Texas Regulatory Consistency Act
Gov. Greg Abbott signed the Texas Regulatory Consistency Act (HB 2127) into law on June 15, 2023, with an effective date of Sept. 1, 2023.
This law overrules local regulations that go beyond what state laws and regulations provide, including local employment laws.
Municipalities and counties with ban-the-box rules will likely have those laws rolled back under the Texas Regulatory Consistency Act. While Irving does not have a ban-the-box rule, Dallas County does.
The TRCA preempts local ordinances, including the ban-the-box local law in Dallas County.
This means that the law no longer applies to employers in the county.
Texas Expunction or Non-Disclosure
Texas provides two ways for people with certain criminal records in Texas to prevent them from being reported.
The expunction process is found in Tex. Code Crim. Proc. § 55.01 and erases all records maintained by the state and the courts for individuals who receive it for the following types of records:
- Pardoned convictions
- Dismissed charges
- Acquitted charges
- Class C misdemeanor deferred adjudications
While this law is very limited, nondisclosure provides a second way for people to keep criminal records from being reported.
Tex. Govt. Code § 411.074 allows individuals with non-violent felony convictions and most misdemeanors to ask for nondisclosure. Certain convictions are excluded, including domestic violence crimes, violent offenses, sex offenses, DUIs, and others.
An individual with an expunged record or one for which they have received an order of non-disclosure can legally deny they have a criminal record.
CRAs can’t report non-disclosed or expunged convictions.
Dallas County Ban-the-Box Policy: Preempted
Dallas County enacted a ban-the-box policy in 2015 that applied to public employers and prohibited them from inquiring about applicants’ criminal history information until later in the hiring process.
However, the passage of the Texas Regulatory Consistency Act preempted this local policy.
This means public employers no longer are required to comply with the local policy.
However, they must still abide by the requirements of the FCRA and Title VII.
If they have federal contracts, they must also continue waiting until after making conditional job offers if they want to maintain their ability to contract with the federal government.
Why Choose iprospectcheck for Dependable Background Checks in Irving, TX?
When you aim to streamline your recruitment process and ensure that you’re hiring the best talent for your organization, consider iprospectcheck.
Our team provides a wide range of background check services tailored to deliver accurate and legally compliant information for your decision-making process.
Partnering with us offers you the advantage of our industry knowledge, commitment to legal compliance, and our dedication to prompt, comprehensive, and precise results.
Don’t leave your recruitment decisions to chance. A step towards a safer and more productive workplace.
Contact iprospectcheck today to discover how our background check solutions can elevate your recruitment process: (888) 509-1979
Helpful Resources
- Texas Department of Public Safety Criminal History Records – Gives guidance on how employers can request criminal background check information for different purposes in Texas.
- Texas Health and Human Services Background Checks – Offers information to healthcare and other providers about background check requirements for applicants and how to conduct them.
- City of Irving Human Resources – Provides information on the city’s hiring practices and human resources policies, which can serve as a model for private employers in Irving.
- Texas Workforce Commission References and Background Checks Guide – Gives legal information for employers conducting background checks and checking references.
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.
FAQs
What is the duration of a background check in Irving, Texas?
The duration of a background check depends on the method used.
If you choose to conduct the check yourself, it might take at least a week to receive your results.
On the other hand, partnering with a reliable service provider like iprospectcheck significantly reduces this time.
iprospectcheck’s Texas background check reports are often available within a few hours, ensuring a fast and efficient hiring process.
Can an employer in Irving decline a job applicant based on a background check?
Yes, an employer can decide not to hire a candidate based on the findings of a background check.
However, the process and decision must comply with federal and state laws, including the Fair Credit Reporting Act (FCRA).
In the case of criminal convictions, employers need to assess the conviction individually, considering its relevance to the job responsibilities.
If an employer wishes to deny employment based on a background check, the adverse action process must be completed before making the final hiring decision.
What is the cost of a background check in Irving, Texas?
The cost of a background check in Irving varies depending on the method you use. For a name-only search through the Texas Department of Public Safety, you’ll need to create an account and buy credits at $3 each.
However, a DPS search only provides public criminal record information and will not offer additional relevant details about your candidate.
Alternatively, iprospectcheck provides multiple budget-friendly packages and volume discounts for comprehensive and reliable background checks.
