Pre-Application Evaluation Options

Texas provides helpful tools for individuals who are unsure whether their criminal record will affect their licensing eligibility.

Determination and Evaluation Letters

Under the Texas Occupations Code, applicants may request a criminal history evaluation or determination letter from the licensing authority before formally applying for a license. This allows individuals to learn in advance whether their record could be a barrier.

This option is especially useful for people who are:

• Considering enrolling in professional training programs
• Preparing to take licensing exams
• Investing time and money into a regulated career

Receiving a determination early can help applicants make informed decisions and avoid unnecessary expenses.

Crimes That May Impact Licensing Eligibility

Certain offenses are more likely to affect licensing decisions than others. Texas statutes commonly identify:

• Felony convictions
• Crimes involving moral turpitude (such as fraud, theft, or dishonesty)
• Offenses related to public safety or trust

Some licensing rules also prohibit individuals from obtaining or renewing a license while they are currently incarcerated for a felony conviction.

However, even serious offenses do not always result in automatic denial. Licensing authorities are often required to consider factors such as rehabilitation, time passed since the offense, and evidence of good conduct.

What Texas Courts Have Said

Texas courts have long recognized that professional licenses are valuable property rights, but they are still subject to state regulation to protect the public.

Courts have upheld license denials and revocations when criminal conduct shows unfitness for the profession, particularly where fraud, dishonesty, or public harm is involved. At the same time, courts have also emphasized that applicants are entitled to due process, meaning licensing boards must follow proper procedures and fairly evaluate the circumstances.

This balance ensures that licensing decisions are not arbitrary, while still allowing boards to uphold professional standards.

Can Expunction or Nondisclosure Help?

In many cases, clearing or sealing a criminal record can significantly improve licensing prospects. If a record is expunged, it is legally treated as though it never occurred. If a record is subject to an order of nondisclosure, it may be hidden from public view, including many licensing background checks.

Not all offenses qualify, but when available, these remedies can make a meaningful difference in professional licensing outcomes.

Having a criminal record does not automatically prevent someone from obtaining a professional license in Texas. Eligibility depends on the specific license, the offense involved, and the discretion of the licensing authority. Fortunately, Texas law provides ways to assess eligibility in advance and, in some cases, limit the impact of past records.

Understanding your options early can save time, money, and stress.

If you’re concerned about how a criminal record may affect your professional license, Wyde & Associates can help you understand your options—including expunction, nondisclosure, and pre-application evaluations.

Contact Wyde & Associates today to take the next step toward protecting your career and future.