How Criminal Background Checks Flag Theft Offenses in Texas

In Texas, a theft conviction doesn’t just end with a courtroom sentence—it can follow you for years, surfacing in criminal background checks that influence employment, housing, licensing, and more. Understanding how theft offenses are flagged in background screenings is essential for anyone trying to rebuild their life after a conviction.

How Theft Offenses Appear on Criminal Background Checks

The Texas Department of Public Safety (DPS) maintains the state’s central criminal history database. This database includes arrest records, charges, case dispositions, and sentencing information. Unless a record has been expunged or sealed, theft-related offenses—ranging from misdemeanor shoplifting to felony embezzlement—are accessible to employers, landlords, and licensing boards.thejusticecollaborative.com+1LegalClarity+1LegalClarity

Texas law permits the reporting of criminal convictions indefinitely. This means that, without expungement or sealing, a theft conviction can appear on background checks regardless of how much time has passed. However, certain limitations apply to how this information can be used, particularly concerning employment decisions.

Employment Background Checks: The Seven-Year Rule

Under the federal Fair Credit Reporting Act (FCRA), consumer reporting agencies cannot include arrest records that did not result in a conviction if they are more than seven years old. However, convictions can be reported indefinitely.

In Texas, employers often adhere to the "seven-year rule," meaning they typically consider only convictions from the past seven years when making hiring decisions. Exceptions exist, particularly for positions with salaries over $75,000 or roles involving security or fiduciary responsibilities, where a longer look-back period may be permissible.Law Office of David A. Breston+4thejusticecollaborative.com+4LegalClarity+4LegalClarity

Additionally, Texas has implemented "Ban the Box" policies in certain jurisdictions, such as Harris County, prohibiting employers from inquiring about criminal history on initial job applications. This allows candidates to be evaluated based on qualifications before disclosing criminal records.GCheck

Housing Background Checks: Navigating Tenant Screening

Landlords in Texas commonly conduct criminal background checks as part of tenant screening processes. While they have the right to consider criminal history, they must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability.

The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket bans on applicants with criminal records may violate the Fair Housing Act. Landlords are encouraged to conduct individualized assessments, considering factors such as the nature and severity of the offense and the time elapsed since the conviction.

For individuals with theft convictions, this means that while a criminal record may be a factor in housing decisions, landlords should not automatically deny applications without a thorough and individualized review.

Professional Licensing: Impact on Career Opportunities

A theft conviction can significantly impact professional licensing in Texas. Licensing boards have the authority to deny, suspend, or revoke licenses if the offense is directly related to the duties and responsibilities of the licensed occupation.

For example, the Texas Department of Licensing and Regulation (TDLR) considers theft offenses when evaluating applicants for licenses in various professions. Factors such as the nature and seriousness of the crime, the relationship of the crime to the purposes for requiring a license, and evidence of rehabilitation are taken into account.

It's crucial for individuals with theft convictions to understand the specific requirements and policies of the licensing board relevant to their profession and to seek legal counsel when navigating the licensing process.

Steps to Mitigate the Impact of Theft Convictions

If you have a theft conviction on your record, consider the following steps to mitigate its impact:

1. Seek Expungement or Sealing of Records

Texas law allows for the expungement or sealing (order of nondisclosure) of certain criminal records under specific conditions. Expungement removes the record entirely, while sealing limits access to the record. Consult with a qualified attorney to determine your eligibility and navigate the legal process.

2. Be Transparent and Proactive

When applying for jobs, housing, or licenses, honesty about your criminal history is essential. Provide context and highlight the steps you've taken toward rehabilitation.

3. Demonstrate Rehabilitation

Engage in activities that demonstrate your commitment to positive change, such as completing educational programs, participating in community service, or obtaining professional certifications.

4. Consult Legal Professionals

Navigating the complexities of criminal records and their implications requires expert guidance. Legal professionals can provide personalized advice and representation to help you achieve the best possible outcome.

Conclusion

A theft conviction in Texas can have long-lasting effects, appearing in background checks that influence various aspects of life, from employment and housing to professional licensing. Understanding how these checks work and taking proactive steps to address your criminal record can help you move forward and rebuild your life.Texas Law Guide | Texas Attorneys

Call to Action

If you're facing challenges due to a theft conviction in Texas, Walker Law Office is here to help. Our experienced legal team specializes in criminal defense and can guide you through the process of mitigating the impact of your conviction.

📞 Call us today at (713) 228-2611 or visit
🔗 https://www.walkerlawhouston.com/contact/
to schedule a consultation and take the first step toward a brighter future.