Texas
Texas
Final grade: C+
Exclusion Grade
F
Relevance Grade
A
Due Process Grade
B
Strengths
- Created a predetermination petition process for applicants with criminal records.
Areas of Improvement
- Extend state’s protections to all licenses and all crimes.
- Ban boards from using “moral turpitude” to disqualify applicants.
Following recent reforms enacted in 2019, Texas earned a C+ for its final grade, though state law is still marred by multiple loopholes.
Boards are not required to issue licenses to an ex-offender who applies for a license in public health, education, safety, or finance, even if they are an “otherwise qualified applicant.” Unlike nearly all other states, Texas’s directly related test and multifactor consideration do not apply to certain sexual and violent felonies. This allows boards to deny applicants even if their criminal record is completely unrelated to the license sought and if they have evidence demonstrating their rehabilitation.
Exclusion
| Overarching ban on blanket bans | No |
| Ban on considering arrest records | Yes |
| Ban on considering post-conviction relief records | No |
| Time limit | No limit |
| Ban on vague, discretionary character standards | No |
Relevance
| Relationship between the crime and the license sought | "Directly relates," excluding sexual or violent crimes |
| Required factors for consideration | |
| Rehabilitation | Yes |
| Time elapsed since crime was committed | Yes |
| Age when crime was committed | Yes |
| Employment History | Yes |
| Testimonials | Yes |
Due Process
| Petition Process | Yes |
| Burden of Proof | Both unspecified |
| Right to appeal | Yes |
| Written notice requirement | Yes |