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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.
Texas Penal Code, Title 4, Inchoate Offenses*

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.

Texas Penal Code, Title 5, Offenses Against the Person

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
Texas Penal Code, Title 6, Offenses Against the Family

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
Texas Penal Code, Title 7, Offenses Against Property

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
Texas Penal Code, Title 8, Offenses Against Administration

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

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
Texas Penal Code, Title 11, Organized Crime

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
Texas Family Code, Chapter 261 Investigation of Report of Child Abuse or Neglect and Chapter 262 Procedures in Suit by Governmental Entity to Protect Health and Safety of Child

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
Texas Human Resources Code, Chapter 48 Investigations and Protective Services for Elderly and Disabled Persons

Offense

Section of the Texas Human Resources Code

Failure to Report

48.052
Texas Health and Safety Code, Chapter 481 Texas Controlled Substances Act

Offense

Section of the Texas Health and Safety Code

Delivery of Controlled Substance or Marijuana to Child (Felony)

481.122
Texas Code of Criminal Procedure, Chapter 62 Sex Offender Registration Program

Offense

Section of the Texas Code of Criminal Procedure

Failure to Comply with Sex Offender Registration Requirements

62.102

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