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Appendix 3000-1: Criminal History Chart for DFPS Applicants and Employees

CBCU May 2017

About the Charts

Texas Penal Code, Title 5, Offenses Against the Person

Texas Penal Code, Title 6, Chapter 25, Offenses Against the Family

Texas Penal Code, Title 7, Offenses Against Property

Texas Penal Code, Title 8, Offenses Against Public Administration

Texas Penal Code, Title 9, Offenses Against Public Order and Decency

Texas Penal Code, Title 10, Offenses Against Public Health, Safety, and Morals

Texas Penal Code, Title 11, Organized Crime

Texas Family Code, Chapter 261 Investigation of Report of Child Abuse or Neglect

Texas Health and Safety Code, Chapter 481 Texas Controlled Substances Act

Texas Alcoholic Beverage Code, Chapter 106 Provisions Related to Age

Texas Transportation Code

About the Charts

In the charts below the term Absolute Bar means that a person convicted of a particular crime is permanently prohibited from being employed by DFPS.

All time limits in these charts are calculated from the date of conviction.

Although the crimes listed in these charts reflect only offenses in Texas statutes, the same criminal history requirements apply to similar criminal offenses under the laws of another state or federal law.

Some of the information in the charts is flagged as belonging to one of the categories described below:

Category

Description

1

These offenses became absolute bars effective October 1, 2008.

2

From HHSC HR Policy Manual, Chapter 2: "In determining whether a criminal conviction is a contraindication to employment in a particular situation, the agency must consider the following factors:

  •   Specific duties of the position;

  •   Nature and seriousness of the offense;

  •   Relationship between the specific duties of the position and the nature and seriousness of the offense;

  •   Length of the time between the arrest and the employment of decision;

  •   Length of time between the conviction or its equivalent and the employment decision; and where the individual has been convicted of more than one criminal offense. The agency may consider additional factors relevant to a particular situation.

3

A decision to hire an applicant or retain an employee with an arrest or conviction identified as a "likely contraindication to DFPS employment" must be approved by DFPS legal. See procedure and relevant forms at HR-1113 Criminal Background Checks for DFPS Applicants and Employees."

4

Staff with direct access are those who are reasonably likely to take any of the following action in the course of their employment:

  •   Make intentional physical contact with a DFPS client;

  •   Communicate directly in any manner with DFPS client;

  •   Communicate directly in any manner with a DFPS;

  •   Obtain physical access to the home or living quarters of a DFPS client; or

  •   Obtain or access any confidential or sensitive data or information.

Texas Penal Code, Title 5, Offenses Against the Person

Code Offenses

Texas Penal Code

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Criminal Homicide

19

All Staff

 

 

Murder

19.02

All Staff

 

 

Capital Murder

19.03

All Staff

 

 

Manslaughter

19.04

All Staff

 

 

Unlawful Restraint

20.02

Staff with Direct Access 4

Staff with No Direct Access 4

Kidnapping

20.03

All Staff

 

 

Aggravated Kidnapping

20.04

All Staff

 

 

Unlawful Transport

20.05

All Staff

 

 

Trafficking of Persons

20A.02

All Staff

 

 

Continuous Sexual Abuse of Young Child or Children

21.02

All Staff

 

 

Public Lewdness

21.07

All staff

 

Indecent Exposure

21.08

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Indecency with a Child

21.11

All Staff

 

 

Improper relationship between educator & student

21.12

All Staff

 

 

Invasive Visual Recording(improper photography or visual recording)

21.15

Staff with Direct Access 4

Staff with No Direct Access 4

 

Assault  (Class A or above)

22.01

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Assault (Class B or C)

22.01(2)

 

All Staff

 

Sexual Assault

22.011

All Staff

 

 

Aggravated Assault

22.02

All Staff

 

 

Aggravated Sexual Assault

22.021

All Staff

 

 

Injury to a child, elderly individual or disabled individual

22.04

All Staff

 

 

Abandoning or endangering child

22.041

All Staff

 

 

Deadly Conduct

22.05

All Staff

 

 

Terroristic Threat (felony)

22.07

All Staff

 

 

Terroristic Threat (misdemeanor)

22.07

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

Staff with No Direct Access 4

 

Aiding Suicide

22.08

Staff with Direct Access 4

Staff with No Direct Access 4

 

Tampering with a consumer product

22.09

All Staff

 

Leaving child in a vehicle

22.10

All Staff

 

Harassment by persons in certain correctional facilities; harassment of a public servant

22.11

All Staff

 

 

Texas Penal Code, Title 6, Chapter 25, Offenses Against the Family

Code Offenses

Texas Penal Code

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Bigamy

25.01

All Staff

Prohibited sexual conduct (incest)

25.02

All Staff

 

 

Interference with child custody

25.03

All Staff

Agreement to abduct from custody

25.031

Staff with Direct Access 4

Staff with No Direct Access 4

 

Enticing a child

25.04

Staff with Direct Access 4

Staff with No Direct Access 4

 

Criminal Nonsupport

25.05

 

All Staff

 

Harboring a runaway child

25.06

 

All staff

 

Violation of certain court orders or conditions of bond in a family violence case (Felony)

25.07

All Staff

 

 

Violation of certain court orders or conditions of bond in a family violence case (Misdemeanor)

25.07

 

All Staff

 

Violation of protective orders

25.071

 

All staff

 

Sale or purchase of child

25.08

All Staff

 

 

Advertising for placement of child

25.09

 

Staff with Direct Access 4

Staff with No Direct Access 4

Interference with rights of a guardian

25.10

 

Staff with Direct Access 4

Staff with No Direct Access 4

Continuous violence against the family (Felony)

25.11

All Staff

 

 

Texas Penal Code, Title 7, Offenses Against Property

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Arson

28.02

All Staff

 

 

Criminal mischief (Felony)

28.03

 

All staff

 

Criminal mischief (Misdemeanor)

28.03

 

 

All staff

Graffiti (Felony)

28.08

 

All staff

 

Graffiti (Misdemeanor)

28.08

 

 

All Staff

Robbery

29.02

All staff

 

 

Aggravated robbery

29.03

All staff

 

 

Burglary

30.02

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Criminal Trespass

30.05

 

 

All Staff

Theft (Felony)

31.03

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Theft (Misdemeanor)

31.03

 

 

All Staff

Theft of Service

31.04

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

Staff with No Direct Access 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

Staff with No Direct Access 4

Theft of Trade Secrets

31.05

Staff with Direct Access if conviction occurred less than 5 years ago 4

 

 

Tampering with Identification Numbers

31.11

 

 

All Staff

Theft of or Tampering with Multichannel Video or Information Services

31.12

 

 

All Staff

Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device

31.13

 

 

All Staff

Sale or Lease of Multichannel Video or Information Service Device

31.14

 

 

All Staff

Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

31.15

 

 

All Staff

Organized Retail Theft

31.16

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

Staff with No Direct Access 4

 

Unauthorized Acquisition or Transfer of Certain Financial Information

31.17

 

 

All Staff

Cargo Theft

31.18

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

Staff with No Direct Access 4

 

Unauthorized Use of a Vehicle

31.07

 

All Staff if conviction occurred less than 10 years ago

 

Forgery

32.21

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Credit Card Abuse (Felony)

32.31

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

Staff with No Direct Access 4

 

False statement to obtain property or credit or in the provision of services Felony or Class A Misdemeanor

32.32

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

False statement to obtain property or credit or in the provision of services Class B or C Misdemeanor

32.32

 

 

All Staff

Misapplication of fiduciary property (Class A Misdemeanor or above)

32.45

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Misapplication of fiduciary property (Class B or C Misdemeanor)

32.45

 

 

All staff

Securing execution of a document by deception (Class A Misdemeanor or above)

32.46

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Securing execution of a document by deception (Class B or C Misdemeanor )

32.46

All staff

Fraudulent use or possession of identifying information

32.51

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

Breach of computer security

33.02

 

All staff

 

Online solicitation of a minor

33.021

All Staff

Telecommunications crimes

33A

 

 

All staff

Money Laundering

34.02

Staff with Direct Access 4

Staff with No Direct Access 4

 

Medicaid or Welfare Fraud

35A.02

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Texas Penal Code, Title 8, Offenses Against Public Administration

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Tampering with a witness (Felony)

36.05

 

Staff with Direct Access if conviction occurred less than10 years ago 4

 

Staff with No Direct Access 4

 

False report to peace officer or law enforcement officer

37.08

 

Staff with Direct Access if conviction occurred less than 5 years ago

With older convictions and for non-direct delivery staff

Tampering with governmental record

37.10

All staff if conviction occurred less than 5 years ago

Staff with No Direct Access4

With older convictions

Impersonating a public servant

37.11

All staff

 

 

False identification as peace officer

37.12

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Failure to identify/giving false or fictitious information to a peace officer

 38.02(b)

 

For Class A Misdemeanor, all staff if conviction occurred less than 5 years ago

All Staff Class B & C Misdemeanors

Resisting arrest, search, or transportation (Felony)

38.03

 All Staff

 

 

Resisting arrest, search, or transportation (Misdemeanor)

38.03

 

 

All Staff

Evading arrest or detention (Felony)

38.04

All Staff

 

 

Evading arrest or detention (Misdemeanor)

38.04

 

 

All Staff

Hindering apprehension or prosecution

38.05

 

Staff with Direct Access if conviction occurred less than10 years ago 4

Staff with Direct Access if conviction occurred more than 10 years ago 4

 

Staff with No Direct Access 4

Bail Jumping and failure to appear

38.10

All Staff

 

 

Prohibited substances and items in adult or juvenile correctional or detention facility or on property of TDCJ or TYC

38.11

 

All staff if conviction occurred less than10 years ago

Interference with public duties

38.15

 

 

All Staff

Failure to stop or report aggravated sexual assault of a child

38.17

All Staff

 

 

Official Oppression 3rd Degree Felony

39.03

All staff

 

 

Official Oppression Class A Misdemeanor

39.03

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Violating the civil rights of a person in custody

39.04(A)(2)

All Staff

 

 

Texas Penal Code, Title 9, Offenses Against Public Order and Decency

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Disorderly conduct

42.01

 

All staff

Harassment

42.07(a)

All Staff

Stalking

42.072

Staff with Direct Access 4

Staff with No Direct Access 4

 

Cruelty to nonlivestock animals (cruelty to animals)

42.092

Staff with Direct Access 4

Staff with No Direct Access 4

 

Disorderly conduct with display of firearm

42.01(7) or(8)

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Prostitution

43.02

 

All staff

 

Promotion of prostitution

43.03

Staff with Direct Access 4

Staff with No Direct Access 4

 

Aggravated promotion of prostitution

43.04

Staff with Direct Access 4

Staff with No Direct Access 4

 

Compelling prostitution

43.05

All Staff

 

Obscenity (Felony)

43.23

All staff

 

Obscenity (Misdemeanor)

43.23

All staff

Sale, distribution or Display of harmful material to a minor

43.24

Staff with Direct Access 4

Staff with No Direct Access 4

 

Sexual performance by a child

43.25

All staff

 

Employment harmful to children

43.251

All staff

 

Possession or promotion of child porn

43.26

All staff

 

Texas Penal Code, Title 10, Offenses Against Public Health, Safety, and Morals

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Unlawfully carrying a weapon 

46.02

 

 

All Staff

Making a firearm accessible to a child

46.13

 

Staff with Direct Access 4

Staff with No Direct Access 4

Public intoxication

49.02

 

 

All Staff

Possession of alcoholic beverage in motor vehicle

49.031

 

All staff

Driving while intoxicated

49.04

 

Staff with Direct Access if conviction occurred less than five years ago4

Staff with Direct Access if conviction occurred more than 5 years ago 4      

 

Staff with No Direct Access 4

Driving while intoxicated with child passenger

49.045

 

All Staff

 

Flying while intoxicated

49.05

 

 

All Staff

Boating while intoxicated

49.06

 

 

All Staff

Assembling or operating amusement ride while intoxicated

49.065

 

 

All Staff

Intoxication assault

49.07

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Intoxication manslaughter

49.08

All Staff

 

All Staff

Texas Penal Code, Title 11, Organized Crime

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Engaging in organized criminal activity (Felony or Misdemeanor)

71.02

All Staff

 

 

Coercing, soliciting or inducing gang membership

71.022

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Texas Family Code, Chapter 261 Investigation of Report of Child Abuse or Neglect

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

False reporting (child abuse) felony

261.107

 All Staff

 

 

Failure to report child abuse

261.109

 

All Staff

 

Texas Health and Safety Code, Chapter 481 Texas Controlled Substances Act

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Manufacture or delivery of controlled substances

481.112

 

All Staff

Possession of Substance in Penalty Group 1-A (Felony)

481.1151

All staff if conviction occurred less than 5 years ago

All staff if conviction occurred between 5 and 10 years ago

All staff if conviction occurred more than 10 years ago

Possession of controlled substances in Penalty Group 2

481.116

All staff if conviction occurred less than 5 years ago

All staff if conviction occurred between 5 and 10 years ago

All staff if conviction occurred more than 10 years ago

Possession of Substance in Penalty Group 2-A (Felony)

481.1161

All staff if conviction occurred less than 5 years ago

All staff if conviction occurred between 5 and 10 years ago

All staff if conviction occurred more than 10 years ago

Possession of Substance in Penalty Group 2-A (Misdemeanor)

481.1161

 

Staff with Direct Access if conviction occurred less than 5 years ago

Staff with Direct Access if conviction occurred less than 5 years ago

Possession of Substance in Penalty Group 3 (Felony)

481.117(c) & (d)

All staff if conviction occurred less than 5 years ago

All staff if conviction occurred between 5 and 10 years ago

All staff if conviction occurred more than 10 years ago

Possession of Substance in Penalty Group 4(Felony)

481.118(c) & (d)

All staff if conviction occurred less than 5 years ago

All staff if conviction occurred between 5 and 10 years ago

All staff if conviction occurred more than 10 years ago

Possession of Substance in Penalty Group 4

(Misdemeanor)

481.118(b)

 

Staff with Direct Access if conviction occurred less than 5 years ago

With older convictions and for non-direct delivery staff

Manufacture, Delivery, or Possession of Miscellaneous Substances

(Felony)

481.119

All staff if conviction occurred less than 5 years ago

All staff if conviction occurred between 5 and 10 years ago

All staff if conviction occurred more than 10 years ago

Manufacture, Delivery, or Possession of Miscellaneous Substances

(Misdemeanor)

481.119

 

Staff with Direct Access if conviction occurred less than 5 years ago

With older convictions and for non-direct delivery staff

Delivery of marijuana

481.120

 

All staff

Possession of marijuana (Misdemeanor)

481.121

 

Staff with Direct Access if conviction occurred less than 5 years ago

With older convictions and for non-direct delivery staff

Delivery of a controlled substance or marijuana to a child

481.122

Staff with Direct Access if conviction occurred less than 5 years ago 4

Staff with Direct Access if conviction occurred more than 5 years ago 4

 

Staff with No Direct Access 4

 

Texas Alcoholic Beverage Code, Chapter 106 Provisions Related to Age

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Purchase of Alcohol by a Minor

106.02

 

Staff with Direct Access if conviction occurred less than 5 years ago

Staff with Direct Access if conviction occurred over 5 years ago

Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor

106.06

 

Staff with Direct Access if conviction occurred less than 5 years ago

Staff with Direct Access if conviction occurred over 5 years ago

Texas Transportation Code

Code Offenses

Code Number

Absolute Bar to DFPS Employment

Contraindication to DFPS Employment Likely

Contraindication to DFPS Employment Possible

Fictitious or counterfeit inspection certificate or insurance document

548.603

 

 

All staff

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