How far back does NMLS background check go

These guidelines are issued by the Texas Department of Licensing and Regulation (TDLR) pursuant to the . These guidelines describe the process by which TDLR determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. These guidelines present the general factors that are considered in all cases, and also the reasons why particular crimes are considered to relate to each type of license issued by TDLR.

Individuals may request TDLR review their criminal background before actually applying for a license. TDLR uses the same process for this pre-application evaluation as the process described below. See the Criminal History Evaluation Letter page for more information.

I. Agency's process

Some license applications require the applicant to provide information about criminal convictions. TDLR's Licensing Division also runs a criminal background check through the Department of Public Safety (DPS) on each original license application and each renewal application filed. If the application or the DPS check reveals a conviction that could be a basis for denying the license, the Licensing staff will refer the matter to TDLR's Enforcement Division for further review. The entire application packet is forwarded, including the completed application form, all attachments, all related correspondence, and the report obtained from DPS.

Upon receipt of an application referral in the Enforcement Division, the matter is immediately assigned to an attorney for review. The attorney treats these referrals as high priority, and reviews the criminal conviction with reference to the applicable statutory provisions and these guidelines.

If the attorney determines that the license should not be denied on the basis of the criminal conviction, then the attorney immediately returns the application and related materials to the Licensing Division, with a memorandum stating his or her conclusion.

If the attorney determines that the license should be denied due to the criminal conviction, the attorney, with the assistance of an investigator, secures certified copies of the relevant criminal convictions and any other information deemed necessary. A letter of proposed license denial is then mailed to the applicant. The letter clearly identifies the convictions that form the basis of the proposed denial, cites the statutory authority for the proposed denial, and advises the applicant that a hearing may be requested to challenge the proposed denial.

If an applicant requests a hearing on the proposed license denial, the request is immediately forwarded to the prosecuting attorney. The attorney schedules a hearing on the nearest available date, and issues a Notice of Hearing to the applicant. After a hearing is conducted, the Administrative Law Judge issues a Proposal for Decision for consideration by the Commission of Licensing and Regulation. After considering the Proposal for Decision, the Commission may grant or deny the license.

For individuals who are already licensed when the agency discovers a criminal conviction, the process is essentially the same as that described above. A conviction discovered by Licensing staff, an Enforcement investigator, or any other agency employee is referred to the Enforcement Division. If the Enforcement attorney finds, after investigation, that the conviction warrants license suspension or revocation, a letter of proposed license suspension or revocation is issued to the license holder. If the license holder requests a hearing, a hearing is conducted, a Proposal for Decision is issued for consideration by the Commission, and the Commission ultimately decides whether the license should be suspended or revoked.

II. Responsibilities of the applicant

The applicant has the responsibility, to the extent possible, to obtain and provide to the agency the recommendations of the prosecution, law enforcement, and correctional authorities as described in section III below. The applicant has the further obligation to furnish proof in the form required by the agency that the applicant has:

1. maintained a record of steady employment;
2. supported the applicant's dependents;
3. maintained a record of good conduct; and
4. paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted.

III. General factors

In determining whether a criminal conviction should be grounds to deny a license the following factors are considered in all cases:

1. the nature and seriousness of the crime;
2. the relationship of the crime to the purposes for requiring a license to engage in the occupation;
3. 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 applicant previously had been involved; and
4. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.

In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person who has been convicted of a crime, the agency will also consider the following:

1. the extent and nature of the person's past criminal activity;
2. the age of the person when the crime was committed;
3. the amount of time that has elapsed since the person's last criminal activity;
4. the conduct and work activity of the person before and after the criminal activity;
5. evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; and
6. other evidence of the person's fitness, including letters of recommendation from:
   1. prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;
   2. the sheriff or chief of police in the community where the person resides; and
   3. any other person in contact with the convicted person.

IV. Relation of crimes to specific licenses issued by TDLR

These guidelines reflect the most common or well-known categories of crimes, and their relation to specific license types. The vast majority of criminal convictions reviewed by the Department will fit within the categories of crimes described below. However, these guidelines are not intended to be an exclusive listing, i.e. they do not prohibit the Department from considering crimes not listed herein. After due consideration of the circumstances of the criminal act and the general factors listed above, the Department may find that a conviction not described herein renders a person unfit to hold a license.

In addition to the specific crimes listed below, multiple violations of any criminal statute should always be reviewed, for any license type. Multiple violations may reflect a pattern of behavior that renders the applicant unfit for the license.

AIR CONDITIONING AND REFRIGERATION CONTRACTORS

Crimes involving fraud or deceptive trade practices.

Reason:

Licensees have the means and the opportunity to practice deceit, fraud and misrepresentation related to the need for service, parts, and equipment.

Crimes involving prohibited sexual conduct or involving children as victims.

Reasons:

1. Licensees have direct access to private residences and deal directly with the general public.
2. Licensees have direct access to business facilities and deal directly with the owners of the businesses and business personnel.

Crimes against property such as theft or burglary.

1. Air conditioning contractors have access to private residences and businesses, where they may come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.

Architectural Barriers: REGISTERED ACCESSIBILITY SPECIALISTS

Crimes involving bribery, fraud or deceptive business practices.

Reason:

Under the architectural barriers statute, a registered accessibility specialist (RAS) shall be honest and trustworthy. See 16 Texas Administrative Code § 68.76(b).

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

A RAS will have ready access to educational facilities, hotels, recreational facilities, businesses and other public accommodations where he may come into direct contact with unattended persons, including children.

Crimes against property such as theft or burglary.

Reasons:

1. A RAS will have direct access to businesses, where he will come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.

ATHLETIC TRAINERS

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees physically interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.
2. Licensees are in a relationship of trust with their clients.
3. The occupation involves close proximity to and physical contact with clients, sometimes in a private setting, and thereby provides an opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct.

Reasons:

1. Licensees physically interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.
2. A majority of athletic trainers can and do have contact with minors.
3. Licensees are in a relationship of trust with their clients.
4. The occupation involves regular close proximity to and regular physical contact with clients, sometimes in a private setting.
5. The interaction sometimes lasts for extended periods of time and bonds of friendship sometimes develop.
6. The occupation provides an opportunity to engage in further similar conduct.

Crimes involving children as victims.

Reasons:

1. Licensees physically interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.
2. A majority of athletic trainers can and do have contact with minors.
3. Licensees are in a relationship of trust with their clients.
   
4. The occupation involves regular close proximity to and regular physical contact with clients, sometimes in a private setting.
5. The interaction sometimes lasts for extended periods of time and bonds of friendship sometimes develop.

Crimes against property such as theft or burglary.

Reasons:

1. Licensees interact with adults and children in an athletic trainer/client role. Individuals who have committed such crimes would pose a potential danger to the clients' property.
2. Licensees would potentially have access to the property of clients.
3. Licensees are in a relationship of trust with their clients.
4. The occupation provides an opportunity to engage in further similar conduct.

Crimes involving fraud or deceptive trade practices

Reasons:

1. Licensees interact with adults and children in an athletic trainer/client role. Individuals who have committed such crimes would pose a potential danger to the clients' property.
2. Licensees are in a relationship of trust with their clients and employers.
3. Licensees are sometimes involved in the billing of clients and others, such as, school districts, hospitals and clinics.
4. Licensees are sometimes involved in the filing of insurance claims.
5. Licensees may be in a position to advertise or otherwise make representations about services, products, insurance benefits, costs, and other matters related to athletic training services.
6. The occupation provides an opportunity to engage in further similar conduct.

Crimes involving the possession, possession with intent to deliver, possession with intent to distribute, delivery, distribution or manufacture of drugs.

Reasons:

1. Licensees interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.
2. A majority of athletic trainers can and do have contact with minors.
3. Licensees are in a relationship of trust with their clients.
   
4. The occupation involves close proximity to and physical contact with clients, sometimes in a private setting, and thereby provides an opportunity to engage in further similar conduct.
5. The interaction sometimes lasts for extended periods of time and bonds of friendship sometimes develop.
6. Children and adult clients who use pain medications or other medications are potentially vulnerable to someone who may wish to illegally sell or otherwise distribute drugs or to enlist the aid of a client in obtaining drugs for the licensee.
7. Licensees at times may have access to controlled substances at treatment locations.
8. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving being under the influence of alcohol or drugs.

Reasons:

1. Licensees interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.
2. The occupation involves close proximity to and physical contact with clients.
3. Persons with this type of criminal history could potentially have alcohol or drugs in their systems while providing athletic training services, which would make them a danger to their clients or others.
4. This occupation provides an opportunity to engage in further similar conduct.

AUCTIONEERS

Crimes involving misdemeanor fraud, breach of fiduciary duty, or a deceptive business practice.

Reasons:

1. An auctioneer has direct access to property and monies belonging to others and is considered by law to be acting in a fiduciary capacity.
2. The auctioneer has the opportunity to misrepresent the value or attributes of property being offered for sale at auction.

Crimes against property such as theft or burglary.

Reasons:

1. Auctioneers have access to private residences and businesses, where they will come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would be given the opportunity to engage in further similar conduct.
3. Consignors entrust their property to auctioneers.
4. Auctioneers handle monies belonging to others.

Crimes involving the receipt, sale or other distribution of illegal goods or substances, including stolen property, illegal weapons, drugs, drug paraphernalia, and the like.

Reasons:

1. Auctioneers are in a unique position to receive, sell or otherwise distribute illegal goods or substances.
2. A person with a predisposition and experience in committing such crimes would have the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct or involving children as victims.

Reasons:

1. Licensees have direct access to private residences and deal directly with the general public.
2. Licensees have direct access to business facilities and deal directly with the owners of the businesses and business personnel.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses, and while auctions are being conducted, in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.

BARBERS

Crimes involving prohibited sexual conduct or involving children as victims.

Reasons:

1. Licensees have direct contact with members of the general public often in settings with no one else present.
2. A person with a predisposition for crimes involving prohibited sexual conduct or involving children as victims would have the opportunity to engage in further similar conduct.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons in situations that have potential for confrontational behavior.
2. A person with a predisposition of a violent response would pose a risk to the public.

Crimes involving illegal manufacture or delivery of a controlled substance.

Reasons:

1. Licensees work in a business establishment under their control, that is difficult to monitor with customers constantly coming and going, sometimes lingering for varied periods of time, which would provide a person with a predisposition to sell controlled substances an effective cover of their selling of controlled substances.
2. Licensees have exclusive access to customers for extended periods of time providing the opportunity for persons with predisposition to sell controlled substances the opportunity to persuade the uninitiated to buy a controlled substance.

BEHAVIOR ANALYSTS

Crimes against the person such as homicide, kidnapping, unlawful restraint, assault.

Reasons:

1. Licensees interact and work with adults, the elderly, the disabled, and children in all settings, including in schools, residences, and in-patient or out-patient clinics, as well as in any area in the community where a client could benefit from the interaction. Licensees may have special access to private sections of all these areas.
2. This occupation involves close proximity to and physical contact with students, clients, and patients, as well as their caregivers, family members, friends, and members of the general public . Licensees may be required to physically restrain students, clients, and patients who have impulse-control difficulties; licensees must perform this restraint safely and without intentionally or knowingly causing pain or injury to the student, client, or patient. Licensees must not react violently or emotionally to sudden changes in or actions of students, clients, and patients.
3. Licensees interact and work with vulnerable populations who may be particularly at risk for physical abuse and unable to report or protect themselves from abuse.
4. Persons who have a history of committing such crimes would pose a danger to the students, clients, and patients, as well as their caregivers, family members, friends, and members of the general public.
5. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct

Reasons:

1. Licensees interact and work with adults, the elderly, the disabled, and children in all settings, including in schools, residences, and in-patient or out-patient clinics, as well as in any area in the community where a client could benefit from the interaction. Licensees may have special access to private sections of all these areas.
2. This occupation involves close proximity to and physical contact with students, clients, and patients, as well as their caregivers, family members, friends, and members of the general public. Licensees teach students, clients, and patients about sensitive and private personal behavior from a position of trust and often in an isolated or intimate setting.
3. Licensees interact and work with vulnerable populations who may be particularly at risk for sexual exploitation or abuse and unable to report or protect themselves from exploitation or abuse. Licensees interact and work with clients who may not be able to consent to sexual activity.
4. Persons who have a history of committing such crimes would pose a danger to the students, clients, and patients, as well as their caregivers, family members, friends, and members of the general public.
5. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving children, the elderly or the disabled as victims, including abandoning/endangering a child or exploitation of/causing injury to a child, elderly individual, or disabled individual

Reasons:

1. Licensees interact and work with adults, the elderly, the disabled, and children in all settings, including in schools, residences, and in-patient or out-patient clinics, as well as in any area in the community where a client could benefit from the interaction. Licensees may have special access to private sections of all these areas.
2. This occupation involves close proximity to and physical contact with students, clients and patients, as well as their caregivers, family members, friends, and members of the general public. Licensees may be required to physically restrain students, clients, and patients who have impulse-control difficulties; licensees must perform this restraint safely and without intentionally or knowingly causing pain or injury to the student, client, or patient. Licensees must not react violently or emotionally to sudden changes in or actions of students, clients, and patients.
3. Licensees interact and work with vulnerable populations who may be particularly at risk for financial exploitation, sexual exploitation, sexual abuse, or physical abuse and unable to report or protect themselves from exploitation or abuse. Licensees interact and work with students, clients and patients who may not be aware when a person takes advantage of the student, client, or patient. Licensees interact and work with vulnerable populations who may be grievously harmed by a licensee abandoning, endangering, or injuring students, clients and patients, even if only through reckless or negligent behavior.
4. Persons who have a history of committing such crimes would pose a danger to the students, clients and patients, as well as their caregivers, family members, friends, and members of the general public.
5. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes against property such as theft or burglary

Reasons:

1. Licensees interact and work with adults, the elderly, the disabled, and children in all settings, including in schools, residences, and in-patient or out-patient clinics, as well as in any area in the community where a client could benefit from the interaction. Licensees may have special access to private sections of all these areas.
2. This occupation involves close proximity to and physical contact with students, clients and patients, as well as their caregivers, family members, friends, and members of the general public.
3. Licensees would have access to the property of students, clients and patients, as well as their caregivers, family members, friends, and members of the general public.
4. Licensees interact and work with vulnerable populations who may be particularly at risk for financial exploitation or abuse and unable to report or protect themselves from exploitation or abuse. Licensees interact and work with students, clients and patients who may not understand concepts related to money, property, and the legal structure of their community. Licensees interact and work with students, clients and patients who may not be aware when a person takes advantage of the student, client, or patient.
5. Persons who have a history of committing such crimes would pose a danger to the property of students, clients and patients, as well as their caregivers, family members, friends, and members of the general public.
6. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving fraud or deceptive trade practices

Reasons:

1. Licensees interact and work with adults, the elderly, the disabled, and children in all settings, including in schools, residences, and in-patient or out-patient clinics, as well as in any area in the community where a client could benefit from the interaction.
2. This occupation involves close proximity to and physical contact with students, clients and patients, as well as their caregivers, family members, friends, and members of the general public.
3. Licensees would have access to the property of students, clients and patients, as well as their caregivers, family members, friends, and members of the general public. Licensees would have access to the personally identifying information, medical records, and confidential information of students, clients and patients.
4. Licensees are potentially involved in the billing of students, clients and patients, filing of insurance claims and government documents, and executing contracts and fee for service arrangements.
5. Licensees interact and work with vulnerable populations who may be particularly at risk for financial exploitation or abuse and unable to report or protect themselves from exploitation or abuse.
6. Persons who have a history of committing such crimes would pose a danger to the property of students, clients and patients, as well as their caregivers, family members, friends, and members of the general public.
7. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving the possession, possession with intent to deliver, possession with intent to distribute, delivery, distribution or manufacture of drugs

Reasons:

1. Licensees interact and work with adults, the elderly, the disabled, and children in all settings, including in schools, residences, and in-patient or out-patient clinics, as well as in any area in the community where a client could benefit from the interaction. Licensees work in hospitals and around medicated clients with access to areas where drugs are stored. Licensees may have special access to private sections of all these areas.
2. This occupation involves close proximity to and physical contact with students, clients and patients, as well as their caregivers, family members, friends, and members of the general public. Licensees store, take custody of, and administer medication for students, clients and patients. Licensees provide services to individuals with addictions to legal and illegal drugs and alcohol.
3. Licensees work in environments and perform services which would provide a person with a predisposition to sell controlled substances an effective cover of their selling of controlled substances.
4. Persons who have a history of committing such crimes would pose a danger to the students, clients and patients, as well as their caregivers, family members, friends, and members of the general public.
5. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving being under the influence of alcohol or drugs

Reasons:

1. Licensees interact and work with adults, the elderly, the disabled, and children in all settings, including in schools, residences, and in-patient or out-patient clinics, as well as in any area in the community where a client could benefit from the interaction. Licensees work in hospitals and around medicated clients with access to areas where drugs are stored. Licensees may have special access to private sections of all these areas.
2. This occupation involves close proximity to and physical contact with students, clients and patients, as well as their caregivers, family members, friends, and members of the general public. Licensees store, take custody of, and administer medication for students, clients and patients. Licensees provide services to individuals with addictions to legal and illegal drugs and alcohol.
3. This occupation requires careful observation of students, clients and patients and timely reaction and decision-making to protect students, clients and patients. This occupation requires licensees to transport and provide responsible care for students, clients and patients.
4. Persons with this type of criminal history could potentially have alcohol or drugs in their systems which would make them a danger to their students, clients and patients, and others. Persons with this type of criminal history could potentially make alcohol or drugs available to their students, clients and patients, and others who may be harmed by the alcohol or drugs.

Crimes involving animal cruelty or neglect.

Reasons:

1. Licensees interact and work with vulnerable populations who may be particularly at risk for physical abuse and unable to report or protect themselves from abuse.
2. Committing crimes involving cruel or neglectful conduct towards animals may indicate that person lacks empathy or appropriate concern for animals or persons under that person’s custody. Committing crimes involving cruel or neglectful conduct towards animals may indicate that person will perform similar cruel or neglectful conduct against clients with similar vulnerabilities.
3. A person who has committed crimes involving cruel or neglectful conduct towards animals or that otherwise placed animals at risk for harm would have the opportunity to engage in further similar conduct against clients.

BOILER INSPECTORS

Crimes involving misrepresentation, fraud, extortion, bribery, theft or deceptive business.

Reasons:

1. The boiler statute provides that an inspector's commission may be suspended or revoked due to the inspector's untrustworthiness or willful falsification in an application or inspection report. See 16 Texas Administrative Code § 65.90(c)(1).
2. Boiler inspectors have direct access to businesses, business owners, employees and in some instances, the general public.
3. Boiler inspectors are in a position to pass boilers during inspection that may have code or safety violations in exchange for an inducement offered by the boiler owner or operator.

CODE ENFORCEMENT OFFICERS

Crimes involving fraud, deceptive trade/business practices, or abuse of office.

Reasons:

1. A person with the predisposition and experience in misrepresentations of fact in the business setting would have the opportunity to engage in further similar conduct.
2. A person with the predisposition and experience in conduct such as abuse of official capacity as a public servant, official oppression, misuse of official information and the like would have the opportunity to engage in further similar conduct.
3. A person practicing deception towards a property owner having code enforcement work done regarding whether the work is performed properly and in accordance with established industry standards puts residents, property owners, their family, friends, and others at risk.

Crimes involving bribery, forgery, tampering with a governmental record, or perjury.

Reasons:

1. Licensees have the means and the opportunity to practice deceit fraud and misrepresentation related to the need for service.
2. A person with the predisposition and experience in misrepresentations of fact in the business setting would have the opportunity to engage in further similar conduct.
3. A licensee practicing deception or corruption involving property owners, government officials, courts, or members of the public puts residents, property owners, their family, friends, and others at risk.

Crimes involving environmental law violations.

Reasons:

1. A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.