The Texas Behavioral Health Executive Council (BHEC) licenses and regulates several professions. Part of the licensure process involves BHEC performing a criminal background check to ensure applicants are eligible to hold these licenses. Upon request, BHEC will provide potential applicants with criminal history evaluation letters, which can help these individuals determine if BHEC may reject their licensing application based on their criminal history. BHEC is not the only agency to offer criminal history evaluation letters; other state licensing agencies governing various professions also offer criminal history evaluation letters to prospective applicants.
Obtaining a criminal history evaluation letter can save individuals from going through a lengthy and expensive education before learning they are ineligible for licensing based on their criminal records. A marriage and family therapist license defense lawyer can help you request a criminal history evaluation letter from the BHEC to help you choose the most realistic career path for your situation.
Submitting a Criminal History Evaluation Letter to BHEC
22 Tex. Admin. Code Sec. 882.41 allows individuals enrolling in an educational program leading to licensure with BHEC to request a criminal history evaluation letter from BHEC in certain circumstances. More specifically, individuals may request this evaluation letter if they believe they might be ineligible for licensure based on their criminal history.
An individual must complete an application for a criminal history evaluation letter, a $150 fee, and certified copies of all court documentation related to their criminal history, including 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.
Individuals should submit their applications for criminal history evaluation letters before completing their fingerprint criminal history checks. BHEC may not access an individual’s criminal history records until they have submitted their application. Therefore, obtaining a fingerprint criminal history check before applying for a criminal history evaluation letter can delay the process.
Once BHEC receives an application for a criminal history evaluation letter, it generally will respond in writing within 90 days of receiving the request. However, it can take longer to process the request if necessary. The agency may conduct further investigation into the request, including asking the individual to submit additional information about their criminal history. Failure of the individual to respond to such requests can also delay the process beyond 90 days.
How the Texas Behavioral Health Executive Council Determines Whether an Individual is Eligible for Licensure Based on Criminal History
22 Tex. Admin. Code Sec. 882.42 provides that BHEC may disqualify a person from receiving a license or deny a person the opportunity to be examined for a license due to a felony or misdemeanor conviction or a plea of guilty or no contest followed by deferred adjudication, if the offense is one of the following:
- Listed in Article 42A.054 of the Code of Criminal Procedure;
- A sexually violent offense; or
- Directly relates to the duties and responsibilities of a licensee.
Each member board of BHEC determines which criminal offenses directly relate to the duties and responsibilities of a licensee. However, in making that determination, the member board must consider the factors listed in Tex. Occ. Code Sec. 53.022, as follows:
- 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 elements of the crime and the duties and responsibilities of a licensed occupation.
If the member board determines that an individual’s criminal conviction directly relates to the duties and responsibilities of the licensed occupation, BHEC must evaluate a separate set of factors. Under Tex. Occ. Code Sec. 53.023, BHEC must consider the following factors in determining whether to disqualify the person from receiving a license or denying the person the chance to take the licensing exam based on a conviction that directly relates to the licensed profession at issue:
- 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.
Effect of a Criminal History Evaluation Letter
Generally, criminal history evaluation letters will advise individuals whether they are eligible for licensure in the future. However, circumstances may exist in which the potential applicant may become ineligible for licensure in the future, notwithstanding a previous determination of eligibility by BHEC through a criminal history evaluation letter.
For instance, if an individual accrues additional criminal history after receiving a criminal history evaluation letter from BHEC, the agency’s eligibility determination may change based on that change in circumstances. For example, suppose BHEC issues a criminal history evaluation letter based on criminal history information that the individual failed to disclose or was not reasonably available to BHEC. In that case, BHEC is not bound by its previous determination of eligibility.
Conclusion
In summary, the process of obtaining a criminal history evaluation letter from the Texas Behavioral Health Executive Council (BHEC) is a crucial step for individuals seeking licensure in various behavioral health professions. By providing insight into potential eligibility issues based on criminal history, these letters offer applicants clarity and guidance before investing time and resources into their education and licensing journey. Understanding the requirements and procedures outlined by BHEC, including the submission of necessary documentation and considerations for evaluation, can streamline the process and minimize delays. Furthermore, individuals should be aware of the factors that BHEC considers when determining eligibility, as well as the potential implications of changes in circumstances post-evaluation. Ultimately, the goal of this process is to ensure that licensed professionals meet the necessary standards of integrity and suitability to serve in their respective fields, contributing to the overall quality and safety of behavioral health services in Texas.
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We Will Represent Your Interests Before the Texas BHEC
We know the importance of obtaining your desired professional career and license. By getting a criminal history evaluation letter in advance, you can better determine what career is most realistic based on your situation. You can also evaluate your options. The experienced marriage and family therapist license defense lawyers at Bertolino LLP, will advocate to help you obtain the professional license you seek. Call us at (512) 515-9518 or contact us online.
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