States That Limit Reporting of Criminal Convictions

My question involves labor and employment law for the state of: Texas

Hello,

I actually don't live in Texas at the moment, but plan on moving there at sometime in the future. Besides the beautiful weather, the good economy and the abundance of high tech jobs, I was recently made aware that consumer reporting agencies cannot report criminal convictions older than 7 years in certain states, one of those states being Texas (unless you plan on making more than $75,000). Atleast that is my (non-law schooled) interpretation of Title 2 Chapter 20 Section 20.05 of the Texas BUSINESS AND COMMERCE CODE.

I have a misdemeanor conviction in Illinois from over 8 years ago that I am pretty sure is denying me a large number of job opportunities in that state. I am now considering moving to one of the 12 states of the Union that limit the reporting of criminal convictions from over 7 years ago.

Just for hoots and giggles I went to numerous corporate sites that own businesses in Texas to fill out online applications for various stores that are located in that state. What's strange is that on some applications they still ask if I've ever been convicted of a crime, whereas on others they only ask that I only list convictions from less than 7 years ago.

Have I read the regulation incorrectly?

I saw nothing in those sections that limit what an employer can ask but only what a consumer reporting agency can provide. I do not know if a prospective employer is allowed to ask about older crimes or not.

Did you see something in those sections I missed?

You basically stated what I'm trying to get clarification on. Whether or not an employer is allowed to ask about crime convictions older than 7 years.

I have some info in a loose leaf binder written by lawyers in each state re arrests & convictions. It says private employers in Tx. have no restrictions re asking about arrests & convictions.

From what I read, the law is only binding on commercial consumer agencies. It will not prevent full disclosure from the FBI or Texas Department of Public Safety. It does not place any restrictions on employers, either private or public. In fact, certain types of employers (law enforcement, courts, medical practitioners) may be required to run their criminal records checks through the FBI and DPS only. Those reports will turn up every arrest and/or conviction reported to their agency.

You might also look up case law to determine how previous courts have interpreted that law. Many states still have statutes that appear in the books that were modified or totally nullified by later court decisions.