Texas Level 2 Background Check Requirements & Process

What Is a Texas Level 2 Background Check?

A Texas Level 2 background check represents the most comprehensive criminal history screening available in the state. It combines both state and federal database searches through fingerprint identification. Unlike Level 1 background checks that only search Texas criminal records using name-based inquiries, Level 2 screenings submit fingerprints to the FBI's Next Generation Identification (NGI) system. This enhanced screening method searches criminal records across all 50 states and U.S. territories.

The Texas Department of Public Safety oversees the Level 2 background check process in coordination with the FBI. This ensures that employers receive accurate and complete criminal history information. These screenings reveal arrests, convictions, pending charges, and disposition records from multiple jurisdictions. The information might not appear in standard employment background checks. For organizations in education, healthcare, childcare, and senior care industries, Level 2 background checks serve as a critical risk management tool.

Level 1 vs. Level 2 Background Checks in Texas

Texas offers two distinct tiers of criminal background screening. Each serves different regulatory and employment purposes. Level 1 background checks search only Texas criminal databases using name and date of birth identifiers. These name-based searches typically cost $10-$25 and return results within 1-3 business days.

Level 2 background checks require biometric fingerprint submission. They include both state and federal database searches through the FBI. The fingerprint-based methodology eliminates common identity errors associated with name-based searches. It provides access to the Interstate Identification Index (III), a national database containing criminal records from participating states.

Understanding these distinctions helps employers select the appropriate screening level. It ensures compliance with Texas statutory requirements.

Who Needs a Fingerprint Background Check in Texas?

Texas law mandates Level 2 fingerprint background checks for specific employment categories where workers have direct contact with vulnerable populations. The Texas Education Code requires all certified educators, substitute teachers, school bus drivers, and non-teaching staff with unsupervised access to students to complete FBI fingerprint screenings before employment. Healthcare facilities licensed by the Texas Health and Human Services Commission must conduct fingerprint-based background checks on employees with access to patients or residents. Additionally, childcare centers licensed by the Texas Department of Family and Protective Services must fingerprint all employees, directors, and household members over 14 years old residing at home-based facilities.

Other positions requiring Texas DPS background checks include:

• Foster care and adoption workers: Case managers, foster parents, and all household members undergo comprehensive screening
• Security guards and private investigators: Armed and unarmed security personnel must complete fingerprint checks for occupational licensing
• Mortgage loan officers: SAFE Act compliance requires FBI background checks through the Nationwide Mortgage Licensing System
• Real estate brokers: First-time license applicants submit fingerprints for criminal history verification
• Medical professionals: Physicians, nurses, pharmacists, and allied health professionals undergo fingerprint screening during initial licensure

The scope of mandatory fingerprint screening continues expanding as Texas legislators prioritize public safety and vulnerable population protection. Employers should consult their industry regulatory bodies and legal counsel to determine specific background check obligations for their workforce.

Texas DPS Background Check Requirements

The Texas Department of Public Safety administers the state's fingerprint-based criminal history program through its Crime Records Service division. This division serves as the intermediary between employers and the FBI. Organizations seeking to conduct Level 2 screenings must first establish authorization through the appropriate licensing agency or statutory provision. This authorization grants them access to FBI criminal history information. Authorization typically comes from state licensing boards, regulatory agencies, or specific statutory language that mandates fingerprint checks for particular employment categories.

Employers cannot independently request FBI background checks without proper legal authority. They must work through approved channelers or directly with Texas DPS. The process requires organizations to maintain specific safeguards for criminal history information. These safeguards include secure storage, limited access, and proper disposal protocols. Texas law prohibits unauthorized disclosure of FBI criminal history records. It imposes penalties for organizations that fail to protect this sensitive information or use it for purposes beyond the authorized employment decision.

Eligibility Criteria for Requesting Level 2 Checks

Organizations must meet specific eligibility requirements before requesting Texas Level 2 background checks through DPS. Statutory authority represents the primary qualification. This means state or federal law must explicitly authorize or require the employer to conduct FBI fingerprint screening for the position in question.

Eligible entities must complete an enrollment process with Texas DPS. This process includes establishing a billing account with business documentation and tax identification numbers. Organizations must demonstrate legal authority by citing the specific statutory provision authorizing access to FBI criminal history information. They must implement security protocols that document procedures for safeguarding criminal history information. Entities must also designate account administrators who are responsible for submitting requests and managing results.

Individual employers in residential settings generally cannot access Level 2 background checks directly through Texas DPS. These situations typically require working through a screening company that holds channeler authorization from the FBI. They may also utilize state-specific caregiver background check programs administered through the Texas Health and Human Services Commission.

Documentation Needed for DPS Fingerprint Screening

Applicants undergoing Texas Level 2 background checks must provide specific identification documents at fingerprint capture appointments to verify their identity. Two forms of identification are required, with at least one being a government-issued photo ID. Acceptable primary identification includes a valid driver's license, state identification card, military ID, passport, or permanent resident card. Secondary identification can include Social Security cards, birth certificates, employee badges with photos, or credit cards with signatures.

The fingerprint capture process also requires several additional items beyond identification documents. Employers supply applicants with a reason for fingerprinting code that identifies the statutory authority for the background check and ensures proper routing of results. An originating agency identifier (ORI) uniquely identifies the requesting organization and determines where DPS sends the completed criminal history report. Payment information must be provided at the time of service, typically through credit card, debit card, or money order. Some fingerprint vendors require pre-registration or completion of an applicant information form that captures name, date of birth, Social Security number, and contact details.

Ensuring proper identification reduces rejection rates and processing delays. These delays occur when FBI systems cannot verify applicant identity. Applicants should verify their legal name matches exactly across all documents. Discrepancies trigger additional verification requirements that extend processing times.

How to Get a Level 2 Background Check in Texas

The process of obtaining a Texas Level 2 background check involves coordination between employers, applicants, and authorized fingerprint collection vendors. Employers initiate the process by providing applicants with authorization information. This includes the reason for fingerprinting code and instructions for scheduling appointments. Applicants then visit an approved fingerprint collection site. Trained technicians capture their fingerprints electronically and submit them to Texas DPS. DPS forwards them to the FBI for national database searches.

Most Texas organizations utilize electronic fingerprint capture through IdentoGO (formerly MorphoTrust). IdentoGO is the largest FBI-approved channeler operating in the state. This electronic submission method produces higher-quality fingerprint images than traditional ink cards. This results in lower rejection rates and faster processing times. Some rural areas and specialized applications still accept ink fingerprint cards. These typically extend processing timelines by 7-14 days and experience higher rates of quality rejections requiring recapture.

Step-by-Step Application Process

The Texas DPS background check process follows a standardized workflow designed to maintain chain of custody and ensure accurate results delivery. Understanding each step helps both employers and applicants avoid common delays and errors that extend processing times. The process begins when the requesting organization provides authorization information to the applicant and concludes when the employer receives complete criminal history results.

The complete application process includes these essential steps:

• Step 1 - Employer Authorization: The requesting organization provides the applicant with a fingerprint authorization form or code including the ORI number, reason for fingerprinting, and billing information
• Step 2 - Schedule Fingerprint Appointment: Applicants visit the IdentoGO website or call to schedule appointments at convenient fingerprint collection locations, with appointments offering shorter wait times than walk-ins
• Step 3 - Fingerprint Capture Session: At the appointment, applicants present required identification documents and provide the employer's authorization information while technicians capture fingerprints electronically using live-scan technology
• Step 4 - Submission to Texas DPS and FBI: Electronic fingerprints transmit immediately to Texas DPS, which conducts state database searches and forwards fingerprints to the FBI for national database queries
• Step 5 - Results Processing and Delivery: Texas DPS receives responses from FBI database searches and compiles comprehensive reports that include both state and federal criminal history records
• Step 6 - Employer Review and Decision: Hiring managers review the background check results and determine employment eligibility based on specific disqualifying offenses relevant to their industry and position

The entire process typically takes 15-20 minutes per applicant at the fingerprint capture appointment, assuming all documentation is in order. Employers must follow Fair Credit Reporting Act procedures if adverse employment actions result from criminal history information, including providing pre-adverse action notices and opportunities for applicants to dispute accuracy.

Where to Get Fingerprinted for Texas Background Checks

Texas maintains an extensive network of fingerprint collection locations serving different geographic regions and applicant populations. IdentoGO operates the largest network with over 85 enrollment centers across Texas. These locations are in major metropolitan areas and smaller communities. These locations offer extended business hours, online appointment scheduling, and consistent processing procedures. This ensures quality captures and rapid transmission to DPS.

Many police departments and sheriff's offices provide fingerprinting services for employment background checks. This is particularly true in areas without nearby IdentoGO centers. These agencies may offer fingerprinting only during specific hours or by appointment. Some charge slightly higher fees than commercial vendors. Applicants should call ahead to confirm availability, hours, and whether the agency uses electronic or ink-based capture methods.

FBI-approved channelers and independent fingerprinting businesses operate throughout Texas. These vendors offer services similar to IdentoGO. These vendors must maintain certification and direct electronic connectivity to receive and transmit fingerprints to Texas DPS. Some vendors offer on-site fingerprinting for large employer groups. They bring portable live-scan equipment to company offices, job fairs, or hiring events. Location selection impacts processing speed, with electronic capture sites consistently outperforming ink-based methods.

Fingerprinting Costs and Payment Options

Texas Level 2 background check costs consist of multiple components charged by different entities in the process. The Texas DPS fingerprint fee is $38.25 for most employment-related criminal history checks. This covers state database searches and FBI submission. This fee is set by statute and applies uniformly regardless of which fingerprint collection vendor processes the application. Fingerprint collection vendors charge additional service fees. IdentoGO typically charges between $9.70 and $21.75 in service fees depending on location and service type. This brings total applicant costs to $47.95-$60 for standard Level 2 background checks.

Payment responsibility varies by employer policy and industry practice. Educational institutions often pay fingerprinting costs for certified staff as part of standard hiring procedures. Some childcare and healthcare facilities require applicants to pay and seek reimbursement after successful employment. Texas law doesn't mandate which party bears fingerprinting costs except in specific circumstances where statutes explicitly address payment.

Applicants paying directly for fingerprinting services can typically use credit cards, debit cards, or money orders. Personal checks are often not accepted due to processing delays. Cash policies vary by location. Employers covering fingerprinting costs usually establish billing accounts with fingerprint vendors. This allows direct organizational payment without applicant involvement.

Processing Time and Results

Texas Level 2 background check processing times depend on multiple factors. These include submission method, current processing volumes at Texas DPS and the FBI, and the complexity of an applicant's criminal history. Electronic fingerprint submissions through live-scan technology typically clear Texas DPS within 3-5 business days when no criminal records exist in state databases. The FBI component adds 24-72 hours for straightforward cases. This brings total processing time to approximately one week for applicants with clean records.

Processing timelines extend significantly when criminal records exist that require manual review and verification. DPS staff must match fingerprints to existing criminal records. They verify disposition information and compile comprehensive reports that include complete case details. Complex criminal histories involving multiple jurisdictions, name variations, or incomplete disposition information can extend processing to 2-4 weeks. During peak hiring seasons, particularly before school year start dates in July and August, processing times increase by 30-50% due to volume surges.

Texas DPS Background Check Timeline Expectations

Understanding realistic timeline expectations helps employers plan hiring workflows and avoid operational disruptions caused by background check delays. The Texas DPS publishes average processing times on its website, which typically range from 5-10 business days for electronic submissions under normal volume conditions. These averages represent the time from DPS receiving fingerprints until results return to the requesting organization, not the total time from fingerprint capture.

Several factors influence individual processing times beyond average estimates. Electronic fingerprints process 7-14 days faster than ink card submissions that require physical mail transit and manual digitization. Applicants who have used multiple names due to marriage, divorce, or legal name changes experience longer processing as DPS staff verify records under all name variations. Individuals with common names like John Smith or Maria Garcia require additional verification to ensure criminal records match the specific applicant rather than someone else with the same name. Cases with multiple arrests, charges across different jurisdictions, or incomplete disposition records require extensive manual research that extends timelines. When FBI searches identify out-of-state records, DPS may need to request certified copies from those jurisdictions, adding 5-10 business days to processing.

Employers should build 10-15 business day timelines into hiring processes to accommodate typical processing ranges. This avoids premature start dates for employees awaiting clearance. Rush processing options do not exist for FBI background checks. Federal database search protocols cannot be accelerated regardless of employer urgency.

How to Check Your Background Check Status

Applicants and employers have limited options for checking Texas Level 2 background check status during processing. Unlike some commercial background screening companies that offer online portals with real-time status updates, Texas DPS does not provide applicant-facing status check systems. The agency processes requests in the order received. It does not offer expedited services or status inquiries for routine employment background checks.

Organizations with Texas DPS accounts can contact the Crime Records Service division at (512) 424-2474 during business hours. They can inquire about specific submissions that exceed published processing times. These inquiries require the applicant's full name, date of birth, and transaction control number from the fingerprint submission. DPS staff can confirm whether a submission is in their queue, currently processing, or has been completed and returned to the employer. Applicants without direct employer communication should contact their prospective employer's HR department for status updates rather than calling Texas DPS directly.

Understanding Your Background Check Report

Texas Level 2 background check reports contain detailed criminal history information from both state and federal databases. The information is organized by jurisdiction and case. These reports list arrests, charges, conviction information, sentences imposed, and case dispositions when available in the reporting databases. DPS formats reports to include the reporting agency, case numbers, charge descriptions using state statute citations, offense dates, and disposition dates with outcomes.

Understanding how to read and interpret these reports is crucial. It helps employers make informed hiring decisions. It helps applicants verify accuracy. Reports distinguish between arrests that didn't result in convictions, dismissed charges, deferred adjudications, and actual convictions. The legal distinction between these categories significantly affects whether an offense constitutes a disqualifying event under Texas employment law.

What Appears on a Texas Level 2 Background Check

Comprehensive Texas Level 2 background checks reveal multiple categories of criminal history information spanning an applicant's entire adult life and sometimes juvenile records when certified as adults. The breadth of information differs significantly from standard employment background checks that may only cover 7-10 year periods or omit certain offense types. The FBI component searches the Interstate Identification Index, which contains records from all participating states and federal agencies, meaning employers discover criminal history from all previous states of residence.

Criminal history information appearing in Level 2 reports includes:

• Felony convictions: All felony offenses from Texas and other states appear regardless of how long ago they occurred, including details about offense classification, conviction dates, and sentences imposed
• Misdemeanor convictions: Both Class A and Class B misdemeanors appear in Texas records, with some states reporting Class C misdemeanors depending on local reporting practices
• Pending charges: Active warrants, pending cases, and charges awaiting trial or disposition appear even though the individual is presumed innocent until conviction
• Arrests without conviction: Arrests that didn't result in conviction may appear in FBI databases even if charges were dismissed, reduced, or resulted in acquittal
• Deferred adjudication: These dispositions appear as part of criminal records even though they don't constitute final convictions under Texas law
• Probation and parole status: Current supervision status, probation terms, and parole conditions appear when reported to state or federal databases
• Sex offender registration: Records indicate if an individual appears on state or national sex offender registries, which often constitute automatic disqualifications

This comprehensive view ensures employers have complete information for making safety-critical hiring decisions. However, employers must balance thoroughness with fair employment practices and EEOC guidance on criminal record use.

Disqualifying Offenses Under Texas Law

Texas statutes establishing Level 2 background check requirements typically specify categories of criminal offenses. These automatically disqualify individuals from employment in positions involving vulnerable populations. These disqualifying offenses vary somewhat by industry and regulatory framework. They generally focus on crimes indicating risk to children, elderly persons, or disabled individuals.

The Texas Education Code identifies specific disqualifying offenses for school employment. Crimes indicating dishonesty, fraud, or depravity disqualify applicants from educator certification and school employment. Any conviction or deferred adjudication for sexual assault, indecency with a child, trafficking of persons, or other sex crimes permanently bars school employment. Murder, manslaughter, aggravated assault, and other violent felonies constitute permanent bars to education sector employment. Felony drug convictions within five years of application disqualify applicants. Some exceptions exist for certain first-time offenses.

Healthcare and childcare regulations contain similar disqualifying offense lists with specific lookback periods. Some industries implement permanent bars for certain offense categories while allowing consideration of older convictions. Texas Health and Human Services regulations prohibit hiring individuals with convictions for abuse, neglect, or exploitation of elderly or disabled persons within the past seven years. Employers must provide applicants with pre-adverse action notices before denying employment based on criminal history information. This allows them to dispute report accuracy or provide context about circumstances.

Disputing Errors on Your Criminal Background Report

Criminal background check errors occur more frequently than many people realize. Studies suggest 10-30% of FBI criminal history reports contain some form of inaccuracy. Common errors include wrong person matches due to similar names and birth dates. They include incomplete disposition information showing arrests without subsequent dismissals or acquittals. They include outdated information about expunged or sealed records that should not appear.

Applicants who identify errors on their Texas Level 2 background check results have specific rights under both federal and state law. They can challenge and correct inaccurate information. The dispute process varies depending on whether errors originate in Texas DPS records or FBI databases maintained by out-of-state agencies. For Texas DPS record errors, applicants should complete the Challenge Process Request form available on the DPS website. They must provide documentation that proves the error. DPS reviews challenges within 30-45 days and issues corrected reports when evidence supports the applicant's claim.

Disputes involving out-of-state records require contacting the originating jurisdiction that reported the information to federal databases. Applicants can obtain their FBI Identity History Summary directly from the FBI. They can identify which agency reported inaccurate information and work with that agency to correct records. Once the originating agency updates its records, those corrections flow through to FBI databases within 30-90 days. Applicants should immediately notify the prospective employer about identified errors and provide documentation supporting the dispute. They should file formal challenges with both Texas DPS and the FBI if records involve multiple jurisdictions.

Compliance Requirements for Texas Employers

Organizations conducting Texas Level 2 background checks must navigate complex compliance requirements spanning federal Fair Credit Reporting Act obligations, Texas state employment law, and industry-specific regulations. These overlapping legal frameworks create significant liability risks for employers who fail to implement proper procedures for obtaining consent, reviewing results, and making employment decisions based on criminal history information. Violations can result in actual damages, statutory damages, punitive damages, and attorney's fees, making compliance essential.

The FCRA governs how employers use consumer reports, including criminal background checks, in employment decisions. Texas employers must provide applicants with standalone disclosure documents explaining that background checks will be conducted and obtain written consent before initiating screenings. These disclosure and consent forms must be clear, conspicuous, and separate from employment applications. Buried consent language within lengthy application documents violates FCRA requirements and exposes employers to significant legal liability.

FCRA Guidelines for Employment Screening

Fair Credit Reporting Act compliance requires employers to follow specific procedures at multiple stages of the background check process. Pre-screening requirements include providing applicants with a clear disclosure that a background check may be obtained and securing written authorization before ordering reports. The disclosure must be a standalone document, not embedded within applications or other hiring paperwork. When using background check information, employers must evaluate results in compliance with Equal Employment Opportunity Commission guidance on criminal records. Blanket policies that automatically disqualify all applicants with criminal records may constitute disparate impact discrimination under Title VII of the Civil Rights Act.

The pre-adverse action process requires employers to provide specific notices before taking adverse employment actions based on background checks. Before denying employment, employers must give applicants a copy of the background check report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act." They must provide reasonable time, typically 5 business days, to dispute inaccuracies. If the employer proceeds with denial after the waiting period, they must provide formal notice that includes the name and contact information of the background check company. The notice must include a statement that the screening company didn't make the employment decision. It must include notice of the applicant's right to obtain a free copy of the report within 60 days and information about the right to dispute report accuracy.

Many employers violate FCRA by skipping the pre-adverse action waiting period or failing to provide required documentation. These procedural errors create significant liability even when the underlying employment decision was legitimate and job-related.

Record Retention and Privacy Obligations

Texas employers must implement proper retention and privacy protocols for criminal background check results to comply with both FCRA and Texas state law. Background check reports contain sensitive personal information protected under multiple legal frameworks, and improper disclosure or disposal creates liability risks and potential identity theft exposure for applicants. FCRA requires employers to maintain background check records for specific retention periods based on how the information was used, with records relating to hired employees maintained for the duration of employment plus at least one year.

Security and access controls represent critical compliance obligations that protect sensitive criminal history data. Only personnel directly involved in hiring decisions should access criminal background check results, with access logs documenting who reviewed information and when. Physical reports should be stored in locked cabinets separate from general personnel files, while electronic records require password protection and encryption. When retention periods expire, employers must destroy records using methods that prevent unauthorized access, such as burning, pulverizing, or shredding physical documents and permanent deletion of electronic files. Criminal history information cannot be shared with individuals who don't have legitimate business need for access, including supervisors not involved in hiring decisions.

Texas Government Code Section 411.097 imposes additional requirements on organizations receiving FBI criminal history information through DPS. These entities must maintain physical security of records, ensure information is accessed only by authorized personnel, and report any unauthorized disclosure to DPS. Violations can result in loss of access to the FBI background check system and potential criminal penalties for serious breaches.

Industry-Specific Applications

Texas Level 2 background checks serve distinct purposes across different industries. Each has specialized regulatory requirements and risk considerations. Understanding industry-specific applications helps employers implement appropriate screening protocols. It ensures applicants know what to expect during background investigations in their field.

Education Sector Requirements

The Texas Education Agency mandates comprehensive background checks for all individuals with access to students in public schools, charter schools, and private schools. Texas Education Code Section 22.0834 requires fingerprint-based national criminal history checks for all certified educators, substitute teachers, and non-certified employees. These employees must have continuing duties related to the educational process. School districts cannot employ or contract with individuals who have certain criminal histories. This applies even if those convictions occurred decades ago.

School volunteers who have unsupervised access to children must also complete Level 2 background checks. Some districts implement tiered screening based on volunteer frequency and access level. Parents volunteering for single events with continuous teacher supervision typically do not require fingerprint screening. Regular volunteers assisting in classrooms or on field trips must clear FBI background checks before beginning service. Texas school districts must reverify background checks for employees at least every five years through the Educator Certification Online System (ECOS). Some districts implement annual reverification as best practice.

Healthcare and Childcare Licensing

Texas Health and Human Services Commission regulations require Level 2 background checks for a broad range of healthcare and childcare workers. Licensed childcare centers must fingerprint all employees, directors, and any household members over 14 years old residing in homes where family childcare operates. These background checks must be completed before individuals have access to children and must be repeated every two years for continued employment.

Healthcare facilities including nursing homes, assisted living facilities, and home health agencies must conduct FBI fingerprint background checks on employees with direct patient access. The Texas Health and Safety Code prohibits hiring individuals with disqualifying criminal histories for positions involving elderly or disabled persons. Disqualifying offenses include abuse, neglect, or exploitation of vulnerable persons, as well as violent crimes and sexual offenses. Medical professionals seeking initial licensure in Texas must submit fingerprints to their respective licensing boards, including the Texas Medical Board, Texas Board of Nursing, Texas State Board of Pharmacy, and Texas Behavioral Health Executive Council.

These licensing board background checks remain valid for the life of the license unless the professional has had gaps in licensure exceeding certain timeframes. This may trigger new background check requirements upon reapplication. The comprehensive nature of healthcare screening reflects the vulnerability of patient populations and the critical trust placed in medical professionals.

Conclusion

Texas Level 2 background checks represent a critical component of hiring processes for positions involving vulnerable populations. They provide comprehensive criminal history screening through FBI fingerprint databases. Understanding the requirements, process, timelines, and compliance obligations enables both employers and job seekers to navigate background screening efficiently. It protects legal rights and meets regulatory standards. Organizations must balance thorough safety screening with Fair Credit Reporting Act obligations. They must implement proper procedures for obtaining consent, reviewing results, and making defensible employment decisions. As Texas continues expanding background check requirements across industries, staying current with regulatory changes and best practices remains essential for minimizing liability while maintaining safe environments for children, elderly individuals, and other protected populations.

Frequently Asked Questions

How long does a Texas Level 2 background check take?

Processing times typically range from 3-5 business days for electronic submissions when no criminal records require review. FBI database searches can extend total timelines to 2-4 weeks during high-volume periods. Complex criminal histories requiring manual verification across multiple jurisdictions also extend processing times. Employers should plan for 10-15 business days to accommodate typical processing ranges.

What is the cost of a fingerprint background check in Texas?

Texas Level 2 background checks cost between $47.95 and $60. This includes the $38.25 Texas DPS processing fee and $9.70-$21.75 in fingerprint capture service fees. Fees are charged by vendors like IdentoGO, with exact costs varying by location. Some employers pay directly while others require applicants to cover expenses.

What disqualifies you from passing a Level 2 background check in Texas?

Disqualifying offenses vary by industry but generally include felony convictions for violent crimes, sexual offenses, child abuse, and exploitation of vulnerable persons. Certain drug offenses within lookback periods and crimes involving moral turpitude also disqualify applicants. Some industries implement permanent bars while others allow consideration after specific timeframes. EEOC guidance requires individualized assessment rather than blanket disqualification policies.

Can I get a Level 2 background check for myself in Texas?

Individuals can obtain their personal criminal history records through Texas DPS by submitting fingerprints and the appropriate fee. These personal FBI Identity History Summaries differ from employment-specific Level 2 background checks. Employment checks require employer authorization and route results directly to the requesting organization. Personal background checks help applicants verify accuracy before employment screening.

How far back does a Texas Level 2 background check go?

Texas Level 2 background checks reveal an applicant's complete adult criminal history with no time limitations. This includes felony convictions from decades ago. Some employment regulations implement specific lookback periods for determining disqualification, such as 5-7 years for certain misdemeanors or lower-level drug offenses. The FBI database searches all reported criminal records regardless of age.

Do Level 2 background checks show arrests without convictions?

Yes, Texas Level 2 background checks may show arrests that didn't result in convictions, pending charges, and dismissed cases. FBI databases report arrest records even when charges were dropped. However, EEOC guidance cautions employers against using non-conviction arrest information in employment decisions without individualized assessment. Employers must consider job-relatedness and time elapsed since the arrest.

How often do you need to renew a Texas Level 2 background check?

Background check validity periods vary by industry. Most Texas education positions require reverification every five years. Childcare employees need renewal every two years. Some healthcare facilities implement annual screening. Employers may require more frequent checks as internal policy beyond regulatory minimums to ensure ongoing workforce safety.

Can I dispute errors on my Texas background check?

Applicants can dispute inaccurate information by completing the Challenge Process Request with Texas DPS for state record errors. For FBI database corrections, contact the originating jurisdiction. Provide court documentation, disposition records, or identity documents that prove the inaccuracy. DPS reviews challenges within 30-45 days and issues corrected reports when evidence supports the claim.

Additional Resources

1. Texas Department of Public Safety - Crime Records Service
   https://www.dps.texas.gov/section/crime-records
2. IdentoGO Texas Fingerprinting Locations
   https://www.identogo.com/locations/texas
3. Texas Education Agency - Educator Background Checks
   https://tea.texas.gov/texas-educators/educator-criminal-history-review
4. Federal Trade Commission - Fair Credit Reporting Act Summary
   https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act
5. Texas Health and Human Services - Background Check Information
   https://www.hhs.texas.gov/doing-business-hhs/provider-portals/background-checks