Before proceeding, please review the  legal disclaimer.

Is It Legal to Run a Background Check on Someone in Texas?

Background checks are a common part of employment, rental, and even personal relationships today. But many people wonder: Is it legal to run a background check on someone? And if so, are there limits?

The answer is: Yes, it’s legal—but there are strict rules, especially when it comes to employment and consumer rights.

At The Lange Firm, we help individuals, employers, and businesses across Texas navigate the complex legal landscape surrounding background checks. Whether you’re running a check or concerned about your own privacy, here’s what you need to know.

Is It Always Legal to Run a Background Check?

It depends.
Background checks are legal if they are conducted for a lawful purpose and in compliance with federal and state laws. These laws are designed to protect people’s privacy and prevent discrimination.

Common Situations Where Background Checks Are Legal

• Employment Screening (with consent)
  
  
• Tenant Screening (with consent)
  
  
• Dating or Personal Relationships (using public records and not violating stalking laws)
  
  
• Business Deals and Partnerships (due diligence)
  
  
• Volunteer and Nonprofit Work Screening
  
  

In each case, the purpose of the check matters. Misusing information—even if lawfully obtained—can still lead to legal consequences.

What Laws Govern Background Checks?

Several important laws control how background checks can be run:

📌 Violating these laws can result in lawsuits, fines, and criminal penalties.

Key Rules for Running a Legal Background Check

✅ 1. Consent Is Required for Employment and Housing Checks

If you are an employer or landlord, you must get written permission before running a background check on an applicant or tenant.

Failure to get consent can lead to serious legal trouble under the FCRA.

✅ 2. Notification If Adverse Action Is Taken

If you deny someone a job, promotion, apartment, or loan because of information in a background report, you must:

• Provide a copy of the report
  
  
• Give a notice of rights under the FCRA
  
  
• Offer a chance for the individual to dispute inaccuracies
  
  

This protects people from being unfairly judged based on outdated or incorrect information.

✅ 3. No Stalking or Harassment

You can’t use background checks to stalk, harass, or intimidate someone. Accessing non-public personal information without permission can violate privacy and anti-stalking laws.

✅ 4. Use Only Legitimate Background Check Services

Employers must use background screening companies that comply with the FCRA—not shady online databases.

Using unreliable sources could expose you to inaccurate data and legal liability.

✅ 5. Consider Ban-the-Box and Local Laws

Some cities and counties in Texas have ban-the-box laws that limit when and how criminal histories can be considered in hiring.

Always check local ordinances before making employment decisions based on background check results.

Is It Legal for an Individual to Run a Background Check?

If you’re an individual (not a business or employer) running a check on:

• A babysitter
  
  
• A roommate
  
  
• A potential date
  
  
• A neighbor
  
  

You can generally search public records—such as criminal records, sex offender registries, and court filings—without breaking the law.

However:

• Using deception (pretending to be law enforcement) is illegal.
  
  
• Accessing confidential financial or medical records without consent is illegal.
  
  
• Harassment, stalking, or discrimination based on the information found is illegal.
  
  

If in doubt, speak with an attorney at The Lange Firm before running a background check for personal reasons.

Penalties for Illegal Background Checks

Violations of federal and Texas background check laws can lead to:

• Civil lawsuits for damages
  
  
• Federal fines and penalties
  
  
• Criminal charges in extreme cases
  
  
• Damage to your professional reputation or business
  
  

📞 If you think your rights have been violated by an illegal background check, contact The Lange Firm immediately for a free case review.

How The Lange Firm Helps With Background Check Issues

At The Lange Firm, we help:

• Employers ensure their background screening policies are compliant
  
  
• Employees and job applicants challenge illegal or inaccurate background checks
  
  
• Tenants protect themselves from discriminatory rental practices
  
  
• Businesses vet partners and vendors without crossing legal lines
  
  

We offer confidential advice, document reviews, and aggressive legal representation when necessary.

Final Thoughts

So, is it legal to run a background check on someone?
✅ Yes—but only if you do it for a lawful reason, get proper consent when required, and follow all federal and Texas laws.

If you’re unsure whether your background check practices are legal—or if you believe you were the victim of an illegal check—The Lange Firm is here to help you protect your rights.

📞 Contact us today for trusted advice on background checks, privacy rights, and employment law compliance.