TX SB1628

State agencies and local governments are prohibited from including questions about criminal history on initial employment applications ("ban the box"), and may only inquire about criminal records after determining an applicant is otherwise qualified and extending a conditional job offer

Employers cannot disqualify applicants based on arrests without charges, sealed/expunged convictions, or Class C misdemeanors punishable by fine only; disqualification is permitted only when the conviction directly relates to the job or is prohibited by other law

Before denying employment based on criminal history, agencies must provide written notice identifying the specific conviction, a copy of the criminal record, and examples of mitigation evidence the applicant can submit within 10 days

Occupational licensing agencies are similarly restricted from asking about criminal history on initial applications and may only deny licenses when convictions directly relate to the occupation's duties or are legally disqualifying

The Texas Workforce Commission is designated to monitor compliance, investigate complaints, establish an appeals process, and report quarterly on enforcement activities; state agencies and local governments must retain hiring records for at least 3 years

Exemptions apply to positions involving care of or direct interaction with children, and positions where criminal background checks are otherwise required by law