IMPLEMENTATION GUIDE Guide for People with Criminal Records

Texas Criminal Justice Coalition  1714 Fortview Road, Suite 104  Austin, Texas 78704  (512) 441-8123  www.TexasCJC.org

Doug Smith, Senior Policy Analyst IMPLEMENTATION GUIDE

(512) 441-8123, ext. 102 HB 1342

DSmith@TexasCJC.org

www.TexasCJC.org

Guide for People with Criminal Records

People with Criminal Histories are More Likely to Be Approved for Licensed Occupations

HB 1342 (Authors: Leach, Allen, Toth, Jarvis Johnson, Rose | Sponsor: Hinojosa): Relating to a

person’s eligibility for an occupational license; providing an administrative penalty. – Effective

September 1, 2019

IF YOU EVER CONSIDERED GETTING AN OCCUPATIONAL LICENSE IN TEXAS, YOU MAY HAVE RUN INTO CHALLENGES

Texas requires occupational licenses for more than 25 percent of professions – impacting one in three

working Texans and creating especially difficult barriers for the four in ten Texans who have an arrest or

conviction record.

But automatic denials, vague disqualifying criteria, and broad criminal record inquiries have made

occupational licensure difficult to obtain for many people with a criminal record.

Furthermore, many people with criminal histories hear about others getting denied licenses for decades-

old convictions or arrests that do not relate to the occupation. The result, then, is that many people do not

even try to apply.

According to the Texas Department of Licensing and Regulation, only about 500 people with criminal

records submit requests for a criminal history evaluation letter each year, the first step toward

determining if their record will prevent them from entering one of Texas’ 41 licensed occupations.

To give

you a sense of just how small that number is, the agency receives 600,000 application for new licenses or

renewals every year!

NEW TEXAS LEGISLATION CAN HELP YOU OVERCOME CHALLENGES TO LICENSURE

House Bill 1342 went into effect on September 1, 2019. It

does several things to provide more opportunities for

people with criminal histories.

1. The bill tells licensing agencies to use their authority

to deny licenses based on criminal records as little as

possible.

2. The bill very narrowly defines what it means for a

past offense to “relate” to an occupation. One

reason people have been denied a license due to a criminal history is because the licensing authority

believed that the offense related to the occupation – like when someone with a financial crime applies

for a license in banking. HB 1342 will do more to limit instances of a person being denied licensure due

to an unrelated past offense.

Goals of HB 1342

1. Reduce the number of people

denied an occupational licensing

opportunity due to their criminal

history.

2. Increase the number of people

with criminal records pursuing

careers in licensed occupations.

Texas Criminal Justice Coalition  1714 Fortview Road, Suite 104  Austin, Texas 78704  (512) 441-8123  www.TexasCJC.org

3. The bill requires the licensing agency to give applicants the specific reasons they were denied. This will

help each applicant understand what they need to do to improve their chances of licensure when they

appeal or apply at a later date.

4. The bill requires the State Auditor’s Office to assist licensing authorities by providing guidance to

increase their approval rate for people with criminal records.

STEP YOU SHOULD TAKE IN LIGHT OF HB 1342

If you have a criminal record, visit the website for your desired occupational license, and locate and

complete the criminal history evaluation. The licensing board is required to issue an individualized

evaluation letter within 90 days. If the board says you are eligible, it means you can start training for your

new career.

Do not assume that you are not eligible for licensure, even if someone with your same offense was denied.

Under HB 1342, licensing boards are now required to consider factors that are specific to each applicant:

• The extent and nature of the applicant’s past criminal activity

• The applicant’s age at the time of their past offense

• The length of time since the applicant’s last offense

• The conduct or work that the applicant engaged in before and after the criminal activity

• Evidence of an applicant’s rehabilitation, or rehabilitative efforts undertaken while incarcerated or

after release

• Evidence of compliance with community supervision, parole, or mandatory supervision

• Other evidence, including letters of recommendation

REMEMBER: If you are denied or determined to be ineligible for licensure, you can ask for an appeal or

review.

Also, you can also share your story with us. We want to make sure that licensing agencies are increasing

access to skilled professions, not standing in people’s way. Learning more about people’s experiences will

help us continue to fight for better opportunities for people who want to get back to work.

Maurice Emsellem, Fair Chance Hiring: Reducing Criminal Records Barriers to Employment Improves Public Safety

and Builds Stronger Communities, 2014, https://law.utexas.edu/wp-content/uploads/sites/27/Fair-Chance-Hiring-

Presentation-by-Maurice-Emsellem.pdf.

See also: Texas Occupations Code §53.023.

Texas Occupations Code, Chapter 53, Consequences of Criminal Conviction.

Data obtained from Texas Department of Licensing and Regulation, September 2019.