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Legislators in Texas passed a Ban the Box bill that covers when employers may consider criminal records during the hiring process.

House Bill 2466

Texas’ House Bill 2466 (HB2466), also known as An Act relating to inquiries about and the consideration of criminal history record information regarding an applicant for employment was approved by legislators. The law specifies that employers may not inquire about a job applicant’s criminal history on any initial employment application form.

It further clarifies that organizations may run comprehensive background checks or look into a candidate’s criminal history after they have:

• Otherwise determined the person is qualified for the position.
• Invited the person to participate in an interview.
• Extended a conditional job offer.

An Exception

HB2466 does not apply to employers that are required by law to review an applicant’s criminal history. Exceptions like this typically apply to positions that:

• Are in law enforcement.
• Have federal or state obligations.
• Involve working with vulnerable populations such as seniors or children.

The law goes into effect on September 1, 2025.

Other Potential Considerations

While the scope of the Ban the Box bill is somewhat limited, employers in Texas may also wish to follow various “best practices” that are becoming increasingly common. Examples include:

• Individually assessing any criminal records found during a background screening to determine whether they are relevant to the position being sought.
• Only initiating the adverse action process if they feel there is just cause to do so based on that assessment.
• Ensuring they have fair and consistent screening policies in place.

Employers everywhere should also understand that they may not consider records that have been expunged. As the second chance movement continues to spread throughout the nation, new laws are being created that create allowances for people to expunge non-violent, lower-level convictions. In some cases, this process is automated to make it more expeditious.

A great way for hiring managers to avoid inadvertently reviewing records which are not publicly available is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must undergo a thorough third-party audit and demonstrate that they follow reasonable procedures to only provide current, reportable records before they may be accredited.

Need Background Checks?

If your organization needs employment background checks, please contact us. We are proud to be an accredited CRA with more than 25 years of experience as a leader in our industry.

Our friendly, service-first team can help you customize screening packages that are based on your particular needs and in line with relevant laws and industry best practices. Based in California, we are available to assist you Monday through Friday from 5am to 6pm PT.