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Is it true, it you apply for a job under $75k and the employer uses an outside agency to check, they can only go back 7 years?

Houston, TX |

I was told if the employer uses an outside agency(which they did) and the salary is under $75k ( which it was), the employer is only able to go back 7 years? I have a felony from 1997, I pled guilty ( b/c I did not know I had other options) received a conviction and probation. I interviewed for a job today and signed the form for the background check. On the form I saw the option checked for "under $75k" but after they ran the check they seemed to give me the "We'll call you " after they seemed so excited in the interview.

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Attorney answers 2

Best Answer

Under Texas law if an employee is expected to be paid less than $75,000 annually then a background check cannot reach back more than seven years on criminal convictions in most cases. There are certain jobs that require or permit extended review, such as employment in the insurance business or jobs that perform in-home services or residential deliveries.

If you do not receive the job you have the right to request the reason and ask for a copy of the background check. That will let you know the extent of information the employer had access to in making their decision.



Great answer! It was a customer service job with a local cable company. Is that considered "In home service?" Even though I will not be making in-home visits ?

Mario L. Vasquez

Mario L. Vasquez


Thanks for the clarification Mr. Kielich. Criminal background checks for certain governmental and school district employees will go back to the individual's adulthood.


I believe that you are confusing the time frames for credit history and criminal history checks. Credit checks with the 3 large credit bureaus may list bad credit reports for 7 years and up to 10 years in some cases. Criminal history reports usually pick up all arrests and convictions of your criminal history record. Some records, particularly felonies, which are older than 10 years, may be expunged for certain purposes or removed from credit histories. However, you would have to see a criminal lawyer who could clarify that for you.

Unfortunately, if you have not removed certain convictions for credit checks, they will appear on a credit check. Good luck!

My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.