An experienced occupational license defense attorney at Bertolino LLP can represent your interests in any proceedings before the Texas Department of Licensing & Regulation (TDLR), including those that relate to your criminal background check. We can review the licensure issues that your case involves and work to develop strategies to resolve those issues most effectively. When you are facing disciplinary proceedings, you will benefit from the services of a vocational license defense lawyer to protect your license and career. We can provide strong legal counsel to assist you throughout your disciplinary matter.
What is a Criminal History Evaluation Letter?
Prospective occupational license applicants can ask the TDLR for a criminal history evaluation letter to determine whether their criminal background may disqualify them from holding that license. The letter states whether the TDLR would recommend granting the individual the license.
What Are the Benefits of Obtaining a Criminal History Evaluation Letter?
Obtaining a criminal history evaluation letter before applying for an occupational license can save individuals time and money. If the letter indicates that an individual’s criminal history will disqualify him or her from licensure, the individual will avoid spending the time and money necessary to complete the education necessary for licensure.
Do I Have to Be Enrolled in School or a Training Program to Request a Criminal History Evaluation Letter?
No. Anyone can request a criminal history evaluation letter at any time.
How Does the TDLR Determine What Criminal Offenses Disqualify People from Occupational Licensure?
The TDLR publishes general guidelines explaining whether criminal convictions will disqualify a person from a certain license. The agency also lists specific crimes related to the different license types that likely disqualify them from licensure.
What Kind of Criminal Conviction Will Keep Me from Getting an Occupational License?
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No specific criminal offense results in the automatic denial of an occupational license. However, two general categories of crimes make it more likely that the TDLR will deny you a license, including the following:
- Crimes that relate to the occupation and involve a victim; and
- Crimes that are felonies or state jail felonies that could result, or have resulted, in you being incarcerated.
How Does an Individual Request a Criminal History Evaluation Letter?
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Individuals must submit a request form for a criminal history evaluation letter to the TDLR and a criminal history questionnaire for each criminal offense for which they were convicted or placed on deferred adjudication. The request also must include a $10 fee.
What Criminal History Do I Have to Report to the TDLR?
You must report information to the TDLR about every criminal offense for which you received a conviction or were placed on deferred adjudication. You also should include offenses for which you did not serve any jail or prison time. You should include information about your entire criminal history, no matter how long ago it was.
What if I Can’t Remember Everything About My Criminal History?
Individuals should include as much information as possible about all aspects of their criminal history. Even if you can’t remember everything, you should submit as much information as you can remember about each criminal offense. If you can remember the county in which the case occurred, you can contact the county or district clerk for that county to get more information about the case. You also can get information from the Department of Public Safety.
What Process Does the TDLR Follow When It Receives a Request for a Criminal History Evaluation Letter?
When the TDLR receives a request for a criminal history evaluation letter, it reviews the request just as if it were reviewing a request for licensure. As a result, the TDLR will review all the individual’s criminal records, may interview the individual, and may interview third parties, such as probation officers or counselors.
How Long Does It Take to Get a Criminal History Evaluation Letter?
The TDLR Issues a criminal history evaluation letter within 90 days of its receipt of a request.
Does a Criminal History Evaluation Letter Recommending Licensure Guarantee Me a License?
A criminal history evaluation letter does not guarantee you automatic licensure, even if it recommends that you be granted licensure at that time. These letters are not final agency decisions with appeal rights. As a result, the TDLR is not bound by the opinion or recommendation in these letters. If circumstances change, if the TDLR receives more information, or if the license applicant’s criminal history changes, the TDLR could deny licensure in the future.
What Can I do if the TDLR Does Not Recommend that I Receive a License in Its Criminal History Evaluation Letter?
As stated above, a criminal history evaluation letter is not a final agency action. Therefore, you have no right to appeal a determination made in a criminal history evaluation letter.
However, if you later apply for an occupational license and the TDLR denies your license application, whether based on your criminal history or another ground, you have the right to appeal. You can file a request for review of the TDLR’s license denial through the State Office of Administrative Hearings.
Rely on Bertolino LLP, to Assist You with Your Occupational License
You need an experienced vocational license defense attorney to represent you if you are having difficulties obtaining a license or when you receive a complaint that could adversely impact your license. We recognize the high stakes of these proceedings and what they could mean for your career. We will tirelessly defend you against the licensure or disciplinary proceedings you are facing and work tirelessly to advance your interests. Contact Bertolino LLP today at (512) 980-3751 or visit us online.
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