The Texas Behavioral Executive Council (BHEC) regulates and monitors various behavioral health professionals, including professional counselors. Applicants must undergo a criminal background check as part of the licensing process. Individuals with a criminal history may encounter difficulties obtaining a license to become a professional counselor, depending on the nature of their criminal history and various factors related to those circumstances. Fortunately, BHEC has a process by which they will evaluate your criminal history in advance so that you can determine whether becoming a professional counselor is an option for you.
A professional counselor license defense attorney can assist you through the process of requesting a criminal history evaluation letter and any resulting barriers to licensing you may face stemming from your criminal history. Together, you can work to obtain your professional counseling license and embark on your desired career as a professional counselor.
The Criminal History Evaluation Letter Process
Under 22 Tex. Admin. Code §882.41, individuals who are or intend to enroll in an educational program that will lead to licensure with BHEC, including professional counseling, can request a criminal history evaluation letter from the agency. The purpose of this agency is to allow BHEC to evaluate the criminal history of individuals who believe that they might be ineligible for licensure due to their criminal history. By getting an evaluation from BHEC before they begin their educational programs, individuals can alter their career plans if BHEC preemptively determines they are ineligible for licensure.
To apply for a criminal history evaluation letter, an individual must complete an application, pay a $150 fee, and submit certified copies of all court documentation concerning their criminal history. Required documentation includes, but is not limited to, the following:
- Charging instrument (information and complaint or indictment);
- Judgment;
- Order of deferred adjudication or other dispositive order;
- Any agreements concerning deferred disposition (pre-trial diversion or pocket probation; and
- Terms and conditions of any probation or community supervision ordered.
BHEC cannot access an individual’s criminal history records until they have submitted their criminal history evaluation letter application. Therefore, an individual seeking an evaluation letter should submit their application before obtaining their fingerprint criminal history check. Otherwise, the process may be delayed.
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Typically, obtaining a criminal history evaluation letter from BHEC will take 90 days. However, the process may take longer in some circumstances. For instance, if BHEC requests additional documentation from the individual or the individual fails to respond to requests for more information, the process may take more than 90 days.
When a Criminal History Disqualifies an Individual from Licensure as a Professional Counselor
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Under 22 Tex. Admin. Code §882.42, BHEC may disqualify a person from receiving a license or deny a person from taking the license examination if they have a felony or misdemeanor conviction or if they plead guilty or no contest, following by deferred adjudication for any of the following offenses:
- Any offense listed under Tex. Crim. Code §42A.054, which includes the most serious criminal offenses, such as murder, aggravated kidnapping, indecency with a child, sexual assault, aggravated robbery, and burglary, among others;
- Any offense deemed sexually violent under Texas law; or
- Any offense that directly relates to the duties and responsibilities of a licensee.
BHEC has the task of determining which criminal offenses directly relate to the duties and responsibilities of a licensee. However, Tex. Occ. Code §53.022 provides the following factors for BHEC to use in making this determination:
- The nature and seriousness of the crime;
- The relationship of the crime to the purposes for requiring a license to engage in the occupation;
- The extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;
- The relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and
- Any correlation between the crime’s elements and a licensed occupation’s duties and responsibilities.
Once BHEC has determined that a particular criminal offense directly relates to the duties and responsibilities of a licensee, the inquiry moves to evaluating whether that offense should disqualify the individual from becoming a licensed professional counselor. In making this determination, BHEC must consider the factors listed in Tex. Occ. Code §53.023:
- The extent and nature of the person’s past criminal activity;
- The age of the person when the crime was committed;
- The amount of time that has elapsed since the person’s last criminal activity;
- The conduct and work activity of the person before and after the criminal activity;
- Evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release;
- Evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision; and
- Other evidence of the person’s fitness, including letters of recommendation.
The Impact of a Criminal History Evaluation Letter
Generally, a criminal history evaluation letter is a form of assurance that an individual will be eligible for licensure as a professional counselor, assuming the resulting BHEC letter is positive. However, circumstances could change to make the individual ineligible for a professional counseling license in the future, notwithstanding the criminal history evaluation letter. For instance, an individual may be convicted of another crime in the future, which can lead to a determination of ineligibility. In that respect, a criminal history evaluation letter is not binding on BHEC.
Get Legal Advice and Work to Obtain Your Professional Counseling License
A criminal history evaluation letter from BHEC allows you to get a clear understanding of BHEC’s opinion on your criminal history before you ever apply for your license. This letter can help you decide about your future career and work through any potential roadblocks preventing you from pursuing a career as a professional counselor. A professional counselor license defense lawyer at Bertolino LLP can evaluate your situation and determine the best strategy to obtain your license. We also can protect your license in the future should you face a complaint or disciplinary proceedings. Call us today at (512) 515-9518 or get more information about us online.
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