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National Criminal History Checks-FAQs

TEA conducts a national criminal history check on all applicants for certification. Texas Education Code (TEC) §22.0831 states "The board shall review the national criminal history record information of a person who has not previously submitted fingerprints to the department or been subject to a national criminal history record information review."

  1. Will having a criminal history prevent me from becoming certified?
  2. Will TEA provide an opinion about my eligibility if I am not currently an applicant for certification?
  3. What are my privacy rights as a noncriminal justice applicant?

1. Will having a criminal history prevent me from becoming certified?   

Possibly. Criminal histories are evaluated on a case by case basis by considering the following factors: 

  • the nature and seriousness of the crime;
  • the relationship of the crime to the purposes that certification is required to become a professional educator;
  • the extent to which certification 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, capacity, or fitness required to perform the duties of a professional educator; 
  • the extent of the applicant'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;
  • if the person has completed the terms of their probation or deferred adjudication;
  • the evidence of rehabilitation; and
  • other evidence, including letters of recommendation.

2. Will TEA provide an opinion about my eligibility if I am not currently an applicant for certification? 

Yes. As a service, TEA will provide a Preliminary Criminal History Evaluation for a non-refundable fee. For more information review the FAQs for the Preliminary Criminal History Evaluation.

3.  What are my privacy rights as a noncriminal justice applicant? 

You are afforded certain privacy rights if you are the subject of a national fingerprint-based criminal history record check for a noncriminal justice purpose (such as an applicant for educator certification).  Review your privacy rights for noncriminal justice applicants on the FBI website

 

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