Earning any type of professional or occupational license only occurs after you put in months or even years of studies, practice, and hard work. In some cases, your criminal history may impact your ability to obtain a professional or occupational license. Therefore, you need to know up front whether you will qualify for a license before you complete the licensure requirements and then find out that you are ineligible for a license. Especially if you have a felony conviction in your past, you should take steps to determine your eligibility for a professional license before you do anything else.
Many licensing agencies have specific statutes that address which felony convictions disqualify you from obtaining a professional license. Texas law also provides a mechanism for individuals to have many professional licensing agencies evaluate their criminal histories before they ever apply for a license. A professional licensing attorney can help you determine whether you are eligible for a particular professional license and work with you to get you approval for the license you are seeking.
Obtaining a Texas Nursing License When You Have a Felony Criminal History
Under 22 Tex. Admin. Code § 213.28, the Texas Board of Nursing (BON) can deny a nursing license to an applicant if they have been convicted of or placed on deferred adjudication community supervision or deferred disposition for, a felony that is directly related to the practice of nursing or for a misdemeanor involving moral turpitude that is directly related to the practice of nursing. This section lists several specific felony offenses that it considers to be directly related to the practice of nursing. These felony offenses range from aggravated assault to indecency with a child to robbery. Most of these felonies are violent crimes, crimes involving harm to children or other vulnerable populations, sex crimes, and crimes that involve fraud or dishonesty. This list also includes some crimes involving repetitive instances of substance abuse to the point that they may affect the nurse’s ability to safely perform their duties and/or threaten the public safety.
However, the list of crimes enumerated in the statute is not exclusive. The BON can determine that other felony offenses not included on the list also directly relate to the practice of nursing. As a result, the BON may deny a nursing license to an applicant based on a conviction or deferred adjudication or disposition for another felony offense.
At the same time, not all criminal conduct may exclude an applicant from obtaining a nursing license. A nursing applicant may be able to get a nursing license even if they have a felony conviction, if it does not directly relate to the practice of nursing.
Obtaining an Educator Certificate with a Felony Background
19 Tex. Ed. Code § 249.16 states that the State Board of Education Certification (SBEC) of the Texas Education Agency (TEA) may deny an applicant a teaching or educator certificate because of a person’s conviction for a felony or misdemeanor or other criminal history. According to the SBEC, criminal offenses directly relate to the duties and responsibilities of the education professional if they evidence: “a threat to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague; interfere[s] with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicate[s] impaired ability or misrepresentation of qualifications to perform the functions of an educator.” These offenses include, but are not limited to:
- Offenses involving moral turpitude;
- Offenses involving any form of sexual or physical abuse or neglect of a student or minor or other illegal conduct with a student or minor;
- Offenses involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481;
- Offenses involving school property or funds;
- Offenses involving any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;
- Offenses occurring wholly or in part on school property or at a school-sponsored activity; or
- Felony offenses involving driving while intoxicated (DWI).
Prospective applicants may request a preliminary criminal history evaluation letter under Tex. Ed. Code § 227.103 to determine if their criminal history will disqualify them from obtaining an educator license. Individuals must complete a criminal history evaluation application, pay a fee, attach court documentation of each criminal offense to be evaluated, and provide a statement as to the circumstances upon which each arrest is based and its disposition. Within 90 days, the TEA will issue a determination as to the individual’s potential ineligibility for an educator certification. However, the evaluation letter is not a guarantee of educator certification, as it relates only to whether the specific information submitted constitutes grounds for eligibility.
Licenses Issued by the Texas Department of Licensing & Regulation
The Texas Department of Licensing & Regulation (TDLR) issues licenses for various occupations, including some professional licenses, such as audiologist licenses, dietician licenses, journeyman electrician licenses, speech-language pathologists, and more. Tex. Occ. Code § 51.4012 allows applicants for any the licenses issued by the TDLR to request a criminal history evaluation letter to determine whether they would be eligible for a particular license based on their criminal history before beginning the licensure process.
Requesting a criminal history evaluation letter from the TDLR requires submitting a completed application and fee to the TDLR, along with completing a criminal history questionnaire. Based on this information, the TDLR will issue a criminal history evaluation letter within 90 days of receipt. However, the criminal history evaluation letter is not binding on the TDLR, so it may still decline to issue a license to the individual in the future.
TDLR has compiled the Criminal Conviction Guidelines, or a list of specific crimes that that it considers to directly relate to each occupation. If the applicant has committed one of these crimes and the TDLR determines that there is a possibility of the applicant committing the crime again in the future, then the TDLR will recommend denial of the license.
For example, suppose you want to apply for a dietician license but you previously were convicted of a felony offense involving prohibited sexual conduct. This type of offense is listed as a Guideline offense for a dietician, so the TDLR would recommend that you be denied a dietician license.
We Are Here to Defend Your Rights as You Seek a Professional License
Seeking eligibility for a professional license can be a stressful, challenging, and lengthy process. The guidance of an experienced professional licensing lawyer can make all the difference in the outcome of your licensing process. With a strong legal advocate on your side, you may be able to put yourself in a better position to pursue the career path you are seeking. Contact Bertolino LLP at (512) 515-9518 or visit us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
