About

Restrictions from a Licensing Authority

Many occupations require a license or certification from a state agency or board. In many cases, a person with a certain criminal convictions may not be able to get or renew an occupational license.

Section 53.021 of the Texas Occupations Code allows a licensing authority to to deny, revoke, or suspend a license if the person was convicted of:

an offense that directly relates to the duties and responsibilities of the occupation;
a sexually violent offense; or
an offense listed in Article 42A.054 of the Code of Criminal Procedure (sexual assault, indecency with a child, murder, aggravated kidnapping, etc.)

A licensing authority can be:

a state agency or board that regulates a specific profession, like the Texas Board of Nursing; or
an agency that licenses many different professions, like the Texas Department of Licensing & Regulation (TDLR).

Statutory Restrictions

There are also many employment-related restrictions for specific professions in the Texas statutes. We've listed many of these in the boxes below.

Note This page is not a complete list of restrictions. If you need help researching restrictions for a specific occupation, please ask a librarian.

How can I check if I'm restricted?

Check with the state agency, board, or commission that regulates the occupation.

The Department of Licensing and Regulation (TDLR) regulates certain occupations. Other occupations may instead be regulated by different agencies or commissions, like the Texas Board of Nursing or the Texas Real Estate Commission.

In some cases, you can information about criminal history restrictions on the agency's website.

Find a Licensing Agency

Programs Licensed and Regulated by TDLR
Some common occupations include A/C and refrigeration contractors, barbers, cosmetologists, dietitians, electricians, massage therapists, mold assessors, podiatrists, speech language pathologists, and tow truck operators.
Occupational & Professional Licenses
This page has links to many state agencies that issue employment-related licenses.

Criminal History Evaluations

You can also request a criminal history evaluation letter from the licensing authority. The authority will review the person's criminal history as if an actual license application had been filed.

Criminal History Evaluation Letter
A person can request a criminal history evaluation letter from TDLR prior to applying for a license.
Best Practices Guide: Applying for an Occupational License after Conviction or Deferred Adjudication
This guide from the State Auditor's Office discusses steps a person with a criminal conviction can take before or after applying for an occupational license.

Business

These restrictions may apply to certain types of businesses or to the business organization process.

Texas Law

Business & Commerce Code

Section 51.161 of the Texas Business & Commerce Code
A franchise ("business opportunity") disclosure statement must disclose if certain people have been convicted of certain felonies in the past seven fiscal years.
Section 102.002 of the Texas Business & Commerce Code
A sex offender may not wholly or partially own a sexually oriented business.
Section 102.003 of the Texas Business & Commerce Code
A sex offender cannot operate, manage, or be an employee of a sexually oriented business.

Business Organizations Code

Section 9.151 of the Texas Business Organizations Code
A court may revoke the registration of a foreign filing entity if the entity or a high managerial agent of the entity has been convicted of a felony committed in the conduct of the entity's affairs.
Section 11.301 of the Texas Business Organizations Code
A court may require the winding up of a filing entity's business if it finds the entity or a high managerial agent of the entity has been convicted of a felony committed in the conduct of the entity's affairs.

Civil Practice & Remedies Code

Section 145.002 of the Texas Civil Practice & Remedies Code
Before hiring an employee in a position whose duties include entering another person's residence, an in-home service company or residential delivery company shall obtain all criminal history record information or determine the person holds in good standing an occupational license issued by a Texas authority that has performed a criminal history background check. This law is referred to as the The Sue Weaver Act.

Education Code

Section 44.034 of the Texas Education Code
A person or business entity that enters into a contract with a school district must give advance notice if the person or an owner or operator of the entity has been convicted of a felony.

Finance Code

Section 371.251 of the Texas Finance Code
A pawnshop license may be revoked by the consumer credit commissioner after determining the pawnbroker has been convicted of a crime directly related to the duties and responsibilities of the occupation.

Alcoholic Beverage Code

Section 11.46 of the Texas Alcoholic Beverage Code
The Texas Alcoholic Beverage Commission may deny any permit if it has not been 5 years since the termination of a sentence imposed for a felony conviction.
Section 11.61 of the Texas Alcoholic Beverage Code
The Texas Alcoholic Beverage Commission may cancel or suspend any permit if the permit holder is convicted of a felony.
Section 25.06 of the Texas Alcoholic Beverages Code
The Texas Alcoholic Beverage Commission can deny an original application for a wine and malt beverage retailer's permit if the commission finds that the applicant, or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of certain felonies.
Section 61.42 of the Texas Alcoholic Beverages Code
The Texas Alcoholic Beverage Commission shall deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that the applicant was finally convicted of a felony during the five years before filing their application.
Section 61.71 of the Texas Alcoholic Beverages Code
The Texas Alcoholic Beverage Commission can suspend or cancel a original or renewal retail dealer's on- or off-premise license if the person was finally convicted of a felony while holding an original or renewal license
Section 61.74 of the Texas Alcoholic Beverages Code
The Texas Alcoholic Beverage Commission can suspend or cancel a general or branch distributor's license if the person was finally convicted of a felony while holding an original or renewal license.
Section 69.06 of the Texas Alcoholic Beverages Code
The Texas Alcoholic Beverage Commission can deny an original application for a retail dealer's on-premise license if the commission finds that the applicant, or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of certain felonies.
Section 109.532 of the Texas Alcoholic Beverages Code
This statute allows the Texas Alcoholic Beverages Commission to conduct background checks for applicants. The commission may deny a license or permit or the renewal of a license or permit for an applicant with previous criminal conviction or deferred adjudication.

Certification & Licensing Information

Regulated Industries
The Texas Office of Consumer Credit Commissioner issues licenses and registrations for many consumer credit industries. This page of their website includes licensing info.
TABC Licenses and Permits
The licensing and permitting department of the Texas Alcoholic Beverages Commission.

Education

These restrictions may apply to employees and volunteers in public and private schools, charter schools, and similar entities.

Texas Law

Section 12.120 of the Texas Education Code
A person may not serve as member of governing body of a charter school if convicted of certain felonies.
Chapter 21 of the Texas Education Code
This chapter includes criminal history restrictions for Texas teachers.
Chapter 22 of the Texas Education Code
This chapter includes criminal history restrictions for Texas school district employees & volunteers.
Chapter 23 of the Texas Education Code
This chapter includes criminal history restrictions for Texas school chaplains.
Section 44.034 of the Texas Education Code
A person or business entity that enters into a contract with a school district must give advance notice if the person or an owner or operator of the entity has been convicted of a felony.
Section 132.059 of the Texas Education Code
The Texas Workforce Commission may deny, suspend, or revoke the registration of a representative of a career school or college if they were convicted of a felony.

Certification & Licensing Information

Certification Information
This page from the Texas Education Agency sets out certification information for Texas teachers.

Finance

These restrictions apply to specific positions in financial institutions like banks or credit unions.

Texas Law

Finance Code

Section 33.103 of the Texas Finance Code
A director of a state bank must have written consent from the banking commissioner if they have a felony conviction.
Section 33.106 of the Texas Finance Code
An officer of a state bank must have written consent from the banking commissioner if they have a felony conviction.
Section 157.024 of the Texas Finance Code
The state's savings and mortgage lending commissioner may order disciplinary action against a mortgage loan originator after determining the person was convicted of a felony
Section 180.055 of the Texas Finance Code
Residential mortgage loan originator license may not be issued by the state's savings and mortgage lending commissioner if the applicant has been convicted of a felony and other conditions are met:
Section 183.103 of the Texas Finance Code
A person may not serve as director, manager, or managing participant of a state trust company without written consent from the banking commissioner if they were convicted of a felony.
Section 183.106 of the Texas Finance Code
A person may not serve as an officer of a state trust company without written consent from the banking commissioner if they were convicted of a felony.

Government Code

Section 4007.105 of the Texas Government Code
A securities dealer, agent, investment adviser, or investment adviser representative may have their registration denied, suspended, or revoked by the securities commissioner if they are convicted of a felony

Certification & Licensing Information

Licensing & Registration
Information on obtaining a state license from the Texas Department of Savings & Mortgage Lending, including instructions for an eligibility determination application for people with felony convictions.

Health Care

These restrictions apply to specific positions in the medical field, including physicians, nurses, dentists, pharmacists, and more.

Texas Law

Occupations Code

Chapter 108, Subchapter B of the Texas Occupations Code
This statute requires the automatic denial or revocation of a health care professional license if the applicant or license holder has a conviction for certain offenses.
Section 108.002 of the Texas Occupations Code
The board will suspend or revoke a physician's license if it determines that the license holder has been convicted of certain felonies involving drugs.

Human Resources Code

Section 32.047 of the Texas Human Resources Code
A person is permanently prohibited from providing health care services under the Medicaid medical assistance program if they are convicted of an offense arising from a fraudulent act related to Medicaid that includes certain injuries to the elderly or a person with with a disability.
Section 32.0322 of the Texas Human Resources Code
A Medicaid or medical assistance provider may have their billing privileges suspended, revoked, or denied based on the results of a criminal history check by the Texas Health and Human Services Commission.
Section 36.132 of the Texas Human Resources Code
Anyone who must obtain an occupational license from various medical boards and is convicted of health care fraud will have their licensed revoked. This includes anyone licensed by the Texas Medical Board, Texas Board of Nursing, State Board of Dental Examiners, and others.

Certification & Licensing Information

Licensure Eligibility
This page from the Texas Board of Nursing sets out licensure eligibility requirements for Texas nurses, including eligibility related to criminal history.
Licensing Overview
This page from the Licensure Department of the Texas Medical Board explains licensing procedures for physicians, physician assistants, acupuncturists, medical radiologic technologists, and other medical professions.
Health Services Providers
This page from the Department of Health & Human Services includes employment information for many types of health services providers.

Care Facilities

These restrictions apply to employees of care facilities, including child care facilities, nursing homes, assisted living facilities, etc.

Texas Law

Human Resources Code

Section 42.0523 of the Texas Human Resources Code
An applicant for temporary or permanent employment with a licensed child-care facility or registered family home must submit an affidavit swearing they do not have any criminal charges involving any felony.
Section 42.056 of the Texas Human Resources Code
A licensed child care facility or family home must conduct criminal history checks of each person employed at the facility, any current or prospective foster parent, any prospective adoptive parent, and must immediately terminate the person's employment if the criminal history check precludes the person from being present.
Section 43.010 of the Texas Human Resources Code
A child-care administrator or child-placing agency administrator may have their license denied, revoked, suspended, or not renewed based on their criminal history record.

Health & Safety Code

Section 242.313 of the Texas Health & Safety Code
A nursing facility administrator's license may be revoked, suspended, or not renewed by the Department of Aging and Disability Services if they are convicted of a felony involving moral turpitude.
Section 246.045 of the Texas Health & Safety Code
If a continuing care facility is managed by a third party, the required disclosure statement must include a description of a felony conviction for certain offenses.
Section 250.006 of the Texas Health & Safety Code
A person is prohibited from being employed at many facilities licensed by the Department of Aging and Disability Services, the Department of State Health Services, or a local mental health authority if they are convicted of various felony offenses. This includes nursing and assisted living facilities, day activity and health services facilities, adult foster care providers, mental health services, etc. The law says that if the employer is entitled to obtain criminal history record information for the person, then person may be barred from employment due to a conviction.

Certification & Licensing Information

Licensing, Credentialing and Regulation
This page from the Texas Department of Health & Human Services discusses employment eligibility for different types of long-term care facilities.
Child Care Regulation
This page from the Texas Department of Health & Human Services includes information about child care regulation in the state, including criminal history restrictions.
Criminal History Requirements Charts
These charts from the Texas Department of Family & Protective Services set out criminal history restrictions for anyone in certain child care settings, including employees of child care facilities, prospective foster and adoptive parents, and members of their households.
Child Care Regulation Background Checks
Information from the Texas Department of Family & Protective Services on required background checks for potential foster parents, adoptive parents, household members, and child care facility employees.

Law Enforcement & First Responders

These restrictions apply to specific positions in law enforcement, fire protection, and emergency medical services, like police officers, firefighters, and emergency medical services personnel.

Texas Law

Local Government Code

Section 87.031 of the Texas Local Government Code
A county officer is immediately removed from office on conviction for any felony.
Section 143.056 of the Texas Local Government Code
Certain police officers and fire fighters may be dismissed after a conviction of a felony or other crime involving moral turpitude.
Section 158.0351 of the Texas Local Government Code
Employees of certain sheriffs' departments civil service systems may be dismissed after a conviction of a felony.
Section 419.0325 of the Texas Government Code
A person may not be certified as fire protection personnel by the Texas Commission on Fire Protection if the criminal history record information does not meet the criteria set by the commission.

Health & Safety Code

Section 773.0614 of the Texas Health & Safety Code
Emergency medical services personnel may have their certification suspended, revoked, or denied if they were convicted of certain offenses that directly relate to the duties and responsibilities of the job.

Certification & Licensing Information

EMS Certification and Licensure
This page from the Texas Department of State Health Services sets out information about certification and licensing procedures for emergency medical services personnel.
Path to Licensure
This page from the Texas Commission on Law Enforcement sets our procedures for licensure in various law enforcement jobs.
Required & Voluntary Certifications
This page from the Texas Commission on Fire Protection includes information on required and voluntary certification programs for various fire protection occupations.

Legal

These restrictions apply to specific positions in the legal field, including attorneys and court reporters.

Texas Law

Section 81.078 of the Texas Government Code
A district court shall enter an order disbarring an attorney after a final conviction of any felony involving moral turpitude.
Section 154.110 of the Texas Government Code
A shorthand court reporter's certification may be revoked, suspended, or not renewed after a final conviction of a felony or misdemeanor that directly relates to the duties and responsibilities of a certified shorthand reporter.
Rules Governing Admission to the Bar of Texas
These rules from the Texas Board of Law Examiners regulate attorneys' admission to the Texas bar. Rule IV allows certain felony convictions to be used a rebuttable presumption that the person lacks good moral character and fitness for a period of 5 years.

Certification & Licensing Information

Character and Fitness
This page of the Texas Board of Law Examiners' website discusses different aspects of the character and fitness determination for law licensing in Texas. This includes an evaluation of criminal history.

Insurance

These restrictions apply to insurance professionals, including insurance agents and adjusters.

Texas Law

Section 801.151 of the Texas Insurance Code
An insurer may have their certificate of authority denied by the Texas Department of Insurance if a corporate officer or member of the board of directors has been convicted of a felony involving moral turpitude or a breach of fiduciary duty.
Section 801.152 of the Texas Insurance Code
An insurer may have their certificate of authority revoked by the Texas Department of Insurance if a corporate officer or member of the board of directors has been convicted of a felony involving moral turpitude or a breach of fiduciary duty.
Section 1111A.004 of the Texas Insurance Code
A life insurance agent license may be denied, suspended, or revoked by the commissioner of the Texas Department of Insurance if the person or any officer, partner, member or director of the license holder has been convicted of a felony:
Section 2202.201 of the Texas Insurance Code
A joint underwriting association may have its certificate of authority denied, suspended, revoked or not renewed by the commissioner of the Texas Department of Insurance if the certificate holder or an officer or director are convicted of a felony.
Section 4005.101 of the Texas Insurance Code
The Department of Insurance may deny a license application or discipline a license holder if they determine the applicant, officer, director, or shareholder has been convicted of a felony:
Section 4102.053 of the Texas Insurance Code
This statute says that the insurance commissioner may issue a public insurance adjuster license to a Texas resident. The person must not have been convicted of a felony within the last 10 years, unless they have received a full pardon.
Section 4102.54 of the Texas Insurance Code
This statute says that the insurance commissioner may issue a nonresident license for a public insurance adjuster license if the person does not have a felony conviction, among other qualifications.
Section 4102.201 of the Texas Insurance Code
A public insurance adjuster license may be denied, suspended, or revoked by the commissioner of the Texas Department of Insurance if the person is convicted of a felony.

Certification & Licensing Information

Agent & Adjuster Licensing Information
This page of the Texas Department of Insurance's website has licensing information for insurance agents and adjusters.

Note The library cannot tell you what the law means for your situation.

Restrictions After a Criminal Conviction

About

Restrictions from a Licensing Authority

Statutory Restrictions

How can I check if I'm restricted?

Find a Licensing Agency

Criminal History Evaluations

Business

Texas Law

Business & Commerce Code

Business Organizations Code

Civil Practice & Remedies Code

Education Code

Finance Code

Alcoholic Beverage Code

Certification & Licensing Information

Education

Texas Law

Certification & Licensing Information

Finance

Texas Law

Finance Code

Government Code

Certification & Licensing Information

Health Care

Texas Law

Occupations Code

Human Resources Code

Certification & Licensing Information

Care Facilities

Texas Law

Human Resources Code

Health & Safety Code

Certification & Licensing Information

Law Enforcement & First Responders

Texas Law

Local Government Code

Health & Safety Code

Certification & Licensing Information

Legal

Texas Law

Certification & Licensing Information

Insurance

Texas Law

Certification & Licensing Information