Hi, I'm currently in school working towards certification (in Texas). I have not yet starting anything as far as student teaching or applying for certification. Almost two years ago, I was arrested for a misdemeanor of theft (greater than $50, less than $500). I received deferred adjudication and completed all the terms of that probation, so I did not receive (and will never receive) and conviction for the arrest. Also, I have an order of nondisclosure for this arrest, which prevents this information from being given to any entity.
Whereas in the Texas Gov't Code, it says that no entity is allowed access to this information, in other areas it also says that SBEC (State Board for Educator Certification) is allowed access to all criminal histories.
Do have to to include this arrest on background check forms? Does SBEC have access to it even though I have an order of non-disclosure against it? If they have access, how bad does that situation look? There is no conviction (and I have nothing else on my record).
Anyone with any answers to my questions or just input or personal experiences to share would be a life saver! I'm so worried about this one incident preventing me from being able to be certified (and therefore preventing me from also graduating.)
What does the backround check form ask for? Does it ask whether you have ever been arrested? Or does it ask if you have ever been convicted of a misdemeanor or felony? There is a big difference. Whatever it is, answer it honestly. If you lie, and the lie is found out, even if what you lied about wouldn't have disqualified you to start with, you can be fired for falsifying an application and conceivably even have your credential revoked.
I knew a guy who got a very well paid technical job. The application required disclosure of any misdemeanor or felony convictions. He didn't list any. Three weeks after he started the job, he was gone. The background check turned up a conviction of reckless driving. When he went to court, he pleaded no contest, which legally is the equivalent of a guilty plea except it cannot be used as proof in a subsequent civil suit, and paid the fine. It never dawned on him that it was a misdemeanor when he filled out the job application. He though is was just like most other tickets, an infraction which did not have to be listed. But even a senior vice president couldn't save his job even though the conviction was for something that would not have affected the hiring decision. It was company policy to fire anyone who did not completely disclose required information on the application, whether intentionally or not.
The Texas SBEC should have some links you can explore to find out precisely what would disqualify an applicant for a credential. My guess is that you will find that it would require conviction for a serious crime. In California, it would have to be a "serious or violent felony" or something related to *** or drugs. These crimes are specifically listed by code section. I guess it is possible that a hiring agency could have tighter requirements than the state credentialing requirements. But I seriously doubt even a single misdemeanor conviction would cost you a job, although a string of them might.
I can't remember (even though it was only 2 yrs ago) but I know on the form you fill out it does ask if you have a crimial history. I remember my college telling us to be honest about anything bc they can find out. If I remember correctly it also gives you room on the form to explain. I know a good friend of mine in her earlier days was arrested for Public Intoxication but I am sure it wasn't on her "record". I also remember them wanting to finger print us to be cert. I am not sure if that has anything to do with a background check or not. Don;t know if that helps
I don't know that there is any clear answer for you but I do think they will have access to the information despite a nondisclosure agreement because they are a state agency and I don't think a nondisclosure includes state agencies. I'm sure you've seen the website but here's what it says. It looks like they evaluate each case individually based on these criteria.
Certificate Applicants
1. Does SBEC run a criminal history check on applicants for certification?
Yes. Texas Education Code § 22.082 provides that "the State Board for Educator Certification shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to an applicant for or holder of a certificate issued under Subchapter B, Chapter 21." In accordance with this mandate, SBEC conducts a criminal history check on all applicants for certification whether the applicant is applying for a new certificate, a duplicate certificate, additional certification or an emergency permit.
2. Will a criminal conviction prevent me from getting certified?
That depends. SBEC reviews each application that indicates criminal history on an individual basis.
3. What kinds of factors does SBEC take into consideration when making the decision about whether or not they should certify someone with a criminal history?
1) the nature and seriousness of the crime;
2) the relationship of the crime to the purposes that certification is required to become a professional educator;
3) 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;
4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties of a professional educator;
5) the extent of the applicant's past criminal activity;
6) the age of the person when the crime was committed;
7) the amount of time that has elapsed since the person's last criminal activity;
8) the conduct and work activity of the person before and after the criminal activity;
9) whether the person has completed the terms of their probation or deferred adjudication;
10) evidence of rehabilitation; and
11) other evidence, including letters of recommendation
Hi, Just a note. I have found that even though it may not come up in a state check if the case was dismissed a felony arrest will come up in an FBI check. I am having trouble tracking down paperwork from a dismissed arrest over 15 yrs ago even though it wasn't a conviction. Evidently, felony arrests are reported to the FBI regardless of outcome.
Hi, I'm currently in school working towards certification (in Texas). I have not yet starting anything as far as student teaching or applying for certification. Almost two years ago, I was arrested for a misdemeanor of theft (greater than $50, less than $500). I received deferred adjudication and completed all the terms of that probation, so I did not receive (and will never receive) and conviction for the arrest. Also, I have an order of nondisclosure for this arrest, which prevents this information from being given to any entity.
Whereas in the Texas Gov't Code, it says that no entity is allowed access to this information, in other areas it also says that SBEC (State Board for Educator Certification) is allowed access to all criminal histories.
Do have to to include this arrest on background check forms? Does SBEC have access to it even though I have an order of non-disclosure against it? If they have access, how bad does that situation look? There is no conviction (and I have nothing else on my record).
Anyone with any answers to my questions or just input or personal experiences to share would be a life saver! I'm so worried about this one incident preventing me from being able to be certified (and therefore preventing me from also graduating.)
Thanks in advance!
probably not because they usually ask for CONVICTED crimes. If you have not been convicted, then there is nothing to include
For background check please do report any felonies or misdemanors in he past even if it ws expunged from the record. They will not reject you without you to explain why it was there.
If you do not put it in there and not tell the H.R. about it, it wll be considered a lie and they will not trust you even if the record is removed. Best to explain and out in all of that history or charges.
Advice Needed - Background Checks
