I have a felony or misdemeanor; can I still get a professional or occupational license?
In Texas, before an agency denies a license based on a criminal background, they must consider several factors under Chapter 53 of the Texas Occupations Code. These factors include things such as how much time has passed, your overall criminal history, how the crime relates to the license, your rehabilitation, and more. Different agencies will treat different crimes differently and will treat other factors differently as well.
I went to court, and my attorney and the judge told me that my plea does not count as a conviction. Do I still need to report it to the department or board on my application or renewal?
Just because you were not convicted does not mean you do not have to report it on your application or renewal. We recommend reporting all convictions and court activity to the licensing agency, even if you think it may not be required. If you report something that you are not required to report, the agency will ignore it.
My attorney and the judge told me that my criminal record has been sealed. Do I still need to report it to the department or board on my application or renewal?
Yes. Under Texas state law, licensing boards may (and do) look at sealed records. Failing to report a sealed record may be perceived as a dishonest act. We recommend reporting all convictions and court activity to the licensing agency, even if you think it may not be required. If you report something that you are not required to report, the agency will ignore it.
I received a certified letter from the agency. If I refuse to sign for the letter, that means I was never served and nothing can happen, right?
Wrong! An agency action against your license is not a civil or criminal court case; they do NOT have to serve you. All the agency has to do is mail the certified letter to the address they have on file. Whether or not you refuse to take it from the postal worker or pick it up from the post office does not stop the agency from moving forward and issuing a default judgment against your license, which often involves revocation.
What if the agency’s letter notifying me of possible actions against my license is sent to my former address?
It is crucial that you make sure that your address is up-to-date with the licensing agency because an agency does not have to serve you to take an action against your license. An agency action against your license is not a civil or criminal court case; they do not even have to establish that you actually received a letter. The agency just has to mail the certified letter to the address they have on file from the last time you updated your address.