How Can a Criminal Arrest Impact Job Applications?

A criminal arrest can have consequences far beyond the courtroom, especially when it comes to finding a job. Even without a conviction, an arrest can show up on background checks, raising concerns for potential employers. This is especially true in Texas, where laws around criminal records and employment can vary widely depending on the industry and the circumstances of the arrest.

For job seekers, this reality can feel like an uphill battle. But understanding how arrests are viewed in the hiring process—and the legal options available to address them—can make a significant difference. In this blog, we’ll explore the challenges, rights, and strategies for overcoming the impact of a criminal arrest on your career.

Industries Most Affected by Criminal Background Checks

Having a criminal record can make the job search significantly more challenging, particularly in industries with strict hiring standards. These fields often require heightened trust and responsibility, as they involve working with vulnerable populations, safeguarding sensitive information, or managing substantial financial resources.

Key sectors where these challenges are most pronounced include:

• Healthcare and Education
• Financial Services
• Government Jobs

The social stigma of an arrest record often deters employers, who may see it as a red flag. A 2021 study by the Society for Human Resource Management (SHRM) revealed that 66% of hiring managers are hesitant to hire candidates with any type of criminal record.

Rights and Restrictions on Job Applications

In Texas, there are rules about how employers can use your criminal history when deciding whether to hire you. These rules are meant to balance the employer’s need to know about your background with your right to a fair opportunity for a job. Here’s a clear explanation of the key parts:

Ban the Box: Making Applications Fairer for Applicants with Criminal Records

The “Ban the Box” movement is about making job applications fairer for people with criminal records. The name comes from the checkbox often found on job applications that asks if you’ve ever been arrested or convicted of a crime.

• What’s the goal?

To give applicants a chance to show their skills and qualifications before being judged for their past.

• What’s the situation in Texas? 

Texas doesn’t have a statewide law requiring employers to remove this question. However, some cities, like Austin, have local rules. In Austin, employers cannot ask about your criminal history until they offer you a job (called a conditional job offer).

This gives applicants a better chance to explain their background during the interview process instead of being excluded right away.

The Texas Fair Credit Reporting Act (FCRA)

This law works with federal guidelines to limit how employers use criminal records.

• How far back can employers look? 

Generally, for non-convictions (like arrests that didn’t lead to a guilty verdict), employers can only look back seven years.

• Are there exceptions? 

Yes. For jobs with a salary over $75,000 per year, employers can look further back.

This rule helps prevent older, less relevant records from unfairly affecting your job chances.

Equal Employment Opportunity Commission (EEOC) Guidelines

The EEOC is a federal agency that makes sure employers don’t discriminate against job applicants, including those with criminal records.

Employers must consider:

1. The nature of the offense: What type of crime it was.
2. How much time has passed: Whether the offense is recent or happened a long time ago.
3. How the offense relates to the job: For example, a theft conviction might matter for a cashier job but not for a job as a landscaper.

If an employer rejects you because of your criminal record without considering these factors, it could be seen as unfair or discriminatory, and you might have legal grounds to challenge the decision.

The Role of Expunction and Nondisclosure Simplified

If you’ve been arrested, there are ways to reduce the impact on your job search in Texas. Two main options are expunction and nondisclosure orders, which can clear or hide your record. 

1. What is Expunction?

Expunction is like erasing your record completely. If you qualify, it’s as if the arrest never happened.

Who Qualifies?
Under Texas Code of Criminal Procedure § 55.01, you might qualify if:

• The charges were dismissed.
• You were found not guilty (acquitted).
• You were arrested, but no formal charges were filed after a set period.

Once your record is expunged, employers, landlords, and others can’t see it. You don’t have to tell anyone about the arrest because, legally, it doesn’t exist anymore.

2. What is a Nondisclosure Order?

If you don’t qualify for expunction, a nondisclosure order can help. Instead of erasing your record, it hides it from most people.

How Does it Work?

• A nondisclosure order seals your record, so it won’t appear in standard background checks for jobs, housing, or loans.
• However, some entities—like law enforcement or government agencies—can still access it.

Under Texas Government Code § 411.0735, you might qualify if:

• You completed a deferred adjudication program (a type of probation).
• You met all the conditions of the court.

Key Differences Between Expunction and Nondisclosure

Arrested? Don’t Plea, Call Me!

Navigating the job market with a criminal arrest record can feel overwhelming, but it’s important to remember that your future isn’t defined by your past. By understanding your legal options, such as expunction and nondisclosure, and being proactive in addressing your record, you can open doors to new opportunities.

If you’re struggling with the impact of a criminal arrest on your job applications, the Texas Criminal Defense Group is here to help. Our experienced attorneys can guide you through the expunction or nondisclosure process, advocate for your rights, and help you take the first step toward a brighter future.