01/24/2004

TDLR ADOPTS GUIDELINES FOR CRIMINAL HISTORIES
Action More Closely Aligns Requirements with Statutes

The Texas Commission of Licensing and Regulation (TDLR) has adopted written guidelines and revised its procedures to more closely align with state statutes the weight the agency assigns to license applicants' criminal histories.

All criminal histories will be scrutinized using the new guidelines whenever an individual applies for a new license or a license renewal from TDLR. Some of the factors that will be considered include the nature and seriousness of the crime; the relationship of the crime to the purposes for requiring a license to engage in the occupation; the extent to which a license might offer an opportunity to engage in further criminal activity; and the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.

Theft or fraud convictions will present barriers for individuals seeking most licenses, as will other crimes pertinent to each of the 22 statutory programs that TDLR regulates.

However, past convictions will not present an automatic disqualifier. TDLR also will consider mitigating factors, such as the extent and nature of the person'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; and evidence of the person's rehabilitation.

Over the past two years, 84 license applications have been reviewed by TDLR's Enforcement Division because of an applicant's criminal history. Eight licenses have been denied or applications withdrawn because of past criminal activity.

To view TDLR's Criminal Conviction Guidelines, visit the TDLR web site at:
http://www.license.state.tx.us/crimconvict.htm.

Created in 1909 as the Bureau of Labor Statistics, TDLR protects the public welfare and safety and promotes a fair and competitive business environment by regulating twenty diverse industries and programs, including boxing, air conditioning contractors, and architectural barriers.