Appendix 4: Criminal History Bars to DFPS Employment
Background Checks September 2022
If a person has been convicted of a felony or misdemeanor (unless otherwise noted) for any of the following offenses, that person is not eligible for employment with DFPS.
A conviction is the outcome of a criminal prosecution that results in a final judgment that a person (defendant) is guilty of the crime.
If an offense (arrest or conviction) meets any of the following conditions, Human Resources staff reviews the history to determine if the person is eligible for employment with DFPS:
- The offense is classified as a Class B misdemeanor or greater and is not listed in the following table.
- The offense is for a federal, out-of-state, or military charge and is not in the following table.
- The offense is for a juvenile arrest or conviction.
- The offense resulted in a deferred adjudication disposition.
Offense |
Section of the Texas Penal Code |
|---|---|
Criminal Solicitation of a Minor |
15.031 |
*Note: Inchoate offenses are offenses related to the beginnings of potential criminal acts.
| Offense |
Section of the Texas Penal Code |
|---|---|
Murder |
19.02 |
Capital Murder |
19.03 |
Unlawful Restraint (Felony) |
20.02 |
Kidnapping |
20.03 |
Aggravated Kidnapping |
20.04 |
Smuggling of Persons |
20.05 |
Continuous Smuggling of Persons |
20.06 |
Operation of Stash House |
20.07 |
Continuous Trafficking of Persons |
20A.03 |
Continuous Sexual Abuse of Young Child or Disabled Individual |
21.02 |
Indecent Assault |
22.012 |
Bestiality (Felony) |
21.09 |
Indecency with a Child |
21.11 |
Improper Relationship Between Educator and Student |
21.12 |
Invasive Visual Recording |
21.15 |
Unlawful Disclosure or Promotion of Intimate Visual Material |
21.16 |
Voyeurism (Felony) |
21.17 |
Sexual Coercion |
21.18 |
Sexual Assault |
22.011 |
Aggravated Assault |
22.02 |
Aggravated Sexual Assault |
22.021 |
Abandoning or Endangering a Child |
22.041 |
Deadly Conduct (Felony) |
22.05 |
Offense |
Section of the Texas Penal Code |
|---|---|
Prohibited Sexual Conduct |
25.02 |
Interference with Child Custody |
25.03 |
Agreement to Abduct from Custody |
25.031 |
Enticing a Child |
25.04 |
Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case (Felony) |
25.07 |
Sale or Purchase of Child |
25.08 |
Unregulated Custody Transfer of Adopted Child |
25.081 |
Continuous Violence Against the Family |
25.11 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Arson (Felony) |
28.02 |
Aggravated Robbery |
29.03 |
Exploitation of Child, Elderly Individual, or Disabled Individual |
32.53 |
Online Solicitation of a Minor |
33.021 |
Offense |
Section of the Texas Penal Code |
|---|---|
Evading Arrest or Detention (Second Degree Felony or Greater) |
38.04 |
Tampering with Witness (Felony) |
36.05 |
Aggravated Perjury (Felony) |
37.03 |
Tampering with or Fabricating Physical Evidence (Felony) |
37.09 |
Tampering with Governmental Record |
37.10 |
Impersonating a Public Servant |
37.11 |
Improper Contact with Victim (Felony) |
38.111 |
Violation of Protective Order Issued on Basis of Sexual Assault or Abuse, Stalking, or Trafficking |
38.112 |
Failure to Stop or Report Aggravated Sexual Assault of Child |
38.17 |
Failure to Report Felony |
38.171 |
Abuse of Official Capacity (Felony) |
39.02 |
Official Oppression (Felony) |
39.03 |
Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody (Felony) |
39.04 |
Offense |
Section of the Texas Penal Code |
Disorderly Conduct with Display of Firearm |
42.01(7) or 42.01(8) |
|---|---|
Interference with Emergency Request for Assistance (Felony) |
42.062 |
Stalking (Second Degree Felony or Greater) |
42.072 |
Promotion of Prostitution |
43.03 |
Aggravated Promotion of Prostitution |
43.04 |
Sale, Distribution, or Display of Harmful Material to Minor (Felony) |
43.24 |
Sexual Performance by a Child |
43.25 |
Possession or Promotion of Child Pornography |
43.26 |
Possession or Promotion of Lewd Visual Material Depicting Child (Felony) |
43.262 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Engaging in Organized Criminal Activity (Felony) | 71.02 |
Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang (Felony) |
71.022 |
| Offense |
Section of the Texas Family Code |
|---|---|
Making a False Report of Abuse or Neglect |
261.107 |
Failure to Report |
261.109 |
Removal of Alleged Perpetrator |
262.1015 |
| Offense |
Section of the Texas Human Resources Code |
|---|---|
Failure to Report |
48.052 |
| Offense |
Section of the Texas Health and Safety Code |
|---|---|
Delivery of Controlled Substance or Marijuana to Child (Felony) |
481.122 |
| Offense |
Section of the Texas Code of Criminal Procedure |
|---|---|
Failure to Comply with Sex Offender Registration Requirements |
62.102 |