Texas Consent to Credit History Background and Reference Check

State:
Multi-State
Control #:
US-853LT
Format:
Word; 
Rich Text
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Description

This is a consent form to be signed by Tenant or Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


A criminal history background information check is the review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the state Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information generally does not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

How to fill out Consent To Credit History Background And Reference Check?

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FAQ

Do I Have to Give My Approval for a Background Check? Even though state laws allow employers to run an employee background check, it does not give them permission to do so without the employee's consent. Employers must notify job applicants in writing that a background check will be run.

What are the Rules on Credit Checks? Federal law permits employers to conduct a credit history check, as long as there is consent from the applicant.

Under Texas law, most employers are limited to a seven-year criminal background check for positions paying under $75,000. If the position will pay more than $75,000, employers are entitled to check the applicant's criminal background back to the age of eighteen.

The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.

No Texas Law on Employer Use of Criminal Records Some states require employers to consider whether the offense bears a reasonable relationship to the job. And, some states prohibit employers from asking about arrest records.

It contains all the state's criminal records from both public and private sources, but only authorized law enforcement and criminal justice agencies can access it. Public records, such as criminal histories, court records, vital records, and more, meanwhile, are easy to locate in Texas.

If a prospective employer contacts your previous workplace, your prior employer can legally disclose anything about your employment, including your salary, job duties, vacation days taken, disciplinary action, or concerns about your job performance.

Being refused a jobThere is no legal concept of 'discrimination on the basis of having a criminal record', as there is for discrimination on the grounds of age or disability. Your treatment, therefore, will only create a legal claim if it would do so for someone without a criminal record.

Background checks in Texas are subject to the Fair Credit Reporting Act Laws. Employers are generally only able to look back into your credit and criminal history 7 years, unless you'll be making over $75,000 a year.

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Texas Consent to Credit History Background and Reference Check