Criminal History Questionnaire - TDLR - Texas 2025

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The EEOC has historically taken the position that an employers policy or practice of excluding individuals from employment because they have criminal conviction records is unlawful under Title VII of the Civil Rights Act of 1964 unless the policy or practice is justified by a business necessity.
Texas employers typically conduct background checks to verify an applicants employment and education and to confirm whether an applicant has convictions that would disqualify them from the job.
It is not illegal for an employer to ask a job appli- cant about his or her criminal history, and it is not ille- gal for an employer to use that information to make a decision not to hire an individual as long as they follow the procedure outlined above.
TDLRs Enforcement Division reviews each application and criminal history, if any. Applications may be denied if there are criminal convictions or deferred adjudications involving certain offenses.
Texas follows the EEOC and FCRA. However, several local jurisdictions have enacted ban-the-box laws. These laws restrict when in the onboarding process an employer can ask about criminal history information. An increasing number of counties and cities around the nation continue to add ban-the-box laws.
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