In order to ease the potential burden of time and money wasted for those with criminal conviction backgrounds—many of whom previously had to go through extensive training and license examination before knowing whether they would, in fact, be denied the license they seek for that preexisting reason—the Texas Legislature in 2009 put in place provisions to help people know before they undertook such burdens whether their criminal conviction backgrounds would end up being cause for denying them a license. Section 51.4012 and Chapter 53, Subchapter D, of the Occupations Code now allow an individual to request from the Texas Department of Licensing and Regulation (TDLR) a criminal history evaluation letter.
At present, the TDLR administrates more than forty programs for professionals and industries in Texas. It provides oversight for a broad range of occupations, businesses, facilities, and equipment. The TDLR’s mission is “[t]o earn the trust of Texans every day by providing innovative regulatory solutions for our licensees and those they serve.” Its vision is “[t]o be the best at creating ‘next’ practices that deliver low-cost licensing and regulatory services and an exceptional customer experience.”
Every profession licensed by the TLDR is supplied with a set of criminal conviction guidelines, listing the crimes and other factors that may affect the decision-making process the TLDR will undertake in determining whether a conviction makes a person ineligible for licensure. Naturally many of these overlap—homicide, kidnapping, and assault, for example, are going to be problematic across the board.
In order to be processed for a criminal history evaluation letter, in addition to paying a $25 fee, the potential licensee must send in a request form germane to their particular license, which can be found here. They must also submit a filled-out criminal history questionnaire, which can be found here.
If you have been notified of a complaint filed against you with the Texas Department of Licensing and Regulation, BERTOLINO LLP can help. We are experienced TDLR license defense attorneys and we know how to navigate the Agency's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.
Our Firm believes that immediately consulting an experienced TDLR license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board or state agency, contact us today or call (512) 717-5432 and schedule a case evaluation.