Texas law on background checks

If a current employee refuses to complete, sign and submit the Criminal Background Check Form in response to a request made in accordance with this policy, appropriate action, in accordance with University policies, may be taken including reassignment, discipline or discharge. When HRS receives a report indicating that an applicant for employment or a current employee has a criminal record, HRS will notify the individual that such a report has been received, provide the individual with a copy of the report, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report with the agency that provided the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.

If HRS advises the hiring official that the results of the criminal background check indicate that the applicant may be unacceptable for the position being filled or for continued employment, HRS will provide an applicant with a copy of the report upon which this advice is based, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.

A hiring official may not extend an offer to the applicant that HRS has advised may be unacceptable. HRS will provide the employee with a copy of the report upon which this advice is based, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report and to submit additional information relating to the criminal record and why it should not affect an employment decision. Except as outlined in section The ultimate responsibility of the decision to hire or reject an applicant or continue employment of a current employee will rest with the hiring official and the divisional Vice President, after consulting with the Office of Human Resources.

The decision of the institution is final and may not be appealed. If the individual is a current employee subject to a criminal background check, standard employee grievance procedures are available to challenge the decision.

If the criminal record leads to termination, the applicable employee discipline and discharge procedures will be used. Applicants must report in writing any charges or convictions and whether registered as a sex offender or will be required to register as a sex offender , excluding misdemeanor offenses punishable only by fine, occurring after the date of application. Employees must report to their supervisor in writing, within five business days, any criminal complaint, information, indictment, no contest plea, guilty plea or criminal convictions, and whether registered as a sex offender or will be required to register as a sex offender excluding misdemeanor offenses punishable only by fine.

Subject to standard grievance and disciplinary procedures as applicable, failure to report is a violation of policy and may lead to disciplinary action as appropriate. Subject to standard grievance and disciplinary procedures, as applicable, falsification or omission of records or failure to report as required by this policy or law is a violation of University policy and shall lead to disciplinary action.

Multiple or periodic visits to an operation within the same day is one visit. Questions regarding compliance and other issues related to security-sensitive positions should be addressed to the UTEP Office of Human Resources and the Office of Institutional Compliance.

Employer Use of Arrest and Conviction Records in Texas | Nolo

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What Information Does a Background Check Include?

Handbook of Operating Procedures. Main Content. Yes, Caregiverlist offers you the ability to purchase your own background check from the leading provider in the industry.

Background Checks in Texas

View Services by State. Our Standards of Quality Not all background checks are created equal. Get updates on senior care legislation and supportive tips for the caregiving journey. How many years back will a Background Check go?

Employer background checks in Texas: what do they show? Dallas employment lawyer explains

With counties in the state, this might seem like a tall order but a reputable background screening company should have no problem with the coverage area. In fact, a state audit of the DPS revealed huge gaps in information.

The good news is that the search is really inexpensive, so you could use it as a complement to your county criminal background check. If you do, make sure that you confirm any records found at the county level to ensure accuracy.


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No Major State Potholes- Generally speaking, the laws that govern employment background screening in Texas mirror their federal counterparts.

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