10300, Criminal History Background Checks

February 2021

The purpose of the criminal history checks is to determine if the background check subject has a criminal history or sex offender registry result that would make the subject ineligible to be present at an operation or require conditions on the subject’s presence at the operation to protect the health or safety of children, according to the Criminal Convictions charts.

The criminal history background checks are conducted by CBCU staff evaluating results received from state and federal law enforcement repositories.

See:
10112 Types of Background Checks
10510 Types of Eligibility Determinations

Texas Human Resources Code §§42.05642.15942.206

26 TAC Chapter 745, Subchapter F, Background Checks

 

10310 Types of Criminal History Background Checks Required

May 2021

Determining if a Subject Requires a Texas Name-Based Check or Fingerprint-Based Criminal History Check

Each background check subject required to have a background check must have either a fingerprint-based criminal history check or a name-based criminal history check based upon the subject’s role at the operation, as outlined in the chart below:

Type of Operation or Permit Role at Operation Type of Criminal History Background Check
  • Licensed operations;
  • Certified operations;
  • Verified agency foster homes;
  • Approved adoptive homes;
  • Registered child care homes; and
  • Listed family homes that provide care to unrelated children.
All roles except supervised regular or frequent visitors. Fingerprint-based check.
  • Licensed operations;
  • Certified operations;
  • Verified agency foster homes;
  • Approved adoptive homes;
  • Registered child care homes; and
  • Listed family homes that provide care to unrelated children.
Supervised regular or frequent visitors.

Name-based check unless the subject requires a fingerprint-based check because the subject:

  1. has resided outside of Texas during the five years prior to the request; or
  2. is suspected of having criminal history in another state.
  • Listed family homes that provide care only to related children;
  • Temporary shelter care operations; and
  • Small employer-based child care operations.
All roles.

Name-based check unless the subject requires a fingerprint-based check because the subject:

  1. has resided outside of Texas during the five years prior to the request; or
  2. is suspected of having criminal history in another state.
  • All operation types.
A subject who is present at the operation only to observe or complete a skills practicum as part of a college or high school course requirement and is supervised by a qualified caregiver at all times. Name-based check.
  • Licensed Child Care administrators; and
  • Licensed Child-Placing Agency administrators.
N/A Fingerprint-based check.

Determining if a Subject Requires an Out-Of-State Criminal History Check

If the subject lives outside of Texas or has lived outside of Texas in the past five years, an out-of-state criminal history check is required for each state the subject has resided in during the previous five years. (See: 10370 Out-of-State Criminal History Background Checks.)

If the subject lives outside of Texas, see 10113.1 When an Out-of-State Criminal History Check Must be Fingerprint Based to determine if the subject must complete an additional fingerprint-based criminal history check in their state of residency, in addition to completing their fingerprint check in Texas.

26 TAC §§745.611745.615

See:
10121 Persons for Whom Operations Must Submit Requests for Background Checks
10112 Types of Background Checks

 

10311 When a Background Check Subject Must Submit Fingerprints for a Criminal History Background Check

January 2021

All subjects who require a fingerprint-based criminal history check complete the fingerprint check in Texas. A subject is required to submit new fingerprints only if a previously completed a fingerprint-based criminal history check becomes invalid for CCR. A fingerprint-based criminal history check remains valid if CCR has an active subscription or can reactivate a subscription to the FBI’s National Rap Back service for the subject.

26 TAC §745.625

See:
10112 Types of Background Checks
10121 Persons for Whom Operations Must Submit Requests for Background Checks

 

10320 Acting on the Results of a Criminal History Check

February 2021

Procedure

If there are no criminal history matches identified for the background check subject, the result for the applicable background check type is marked as “Cleared” in CLASS and the background check type eligibility is “eligible.”

If criminal history match(es) exists, the CBCU inspector assigned to the operation receives a TODO in CLASS indicating a match has been found. The CBCU staff processing the result sends notifications:

  1. to the subject according to 10540 Background Check Notifications Sent to the Subject of the Background Check; and
  2. to the operation according to:
    • 10533 Background Check Notifications Sent to the Operation; and
    • 10533.1 Additional Information Sent to a Child-Placing Agency.

If additional information, such as court documentation or a risk evaluation is needed, CBCU staff process the criminal history information until a determination of “eligible,” “ineligible” or “conditionally eligible” is reached (See: 10510 Types of Eligibility Determinations) or the background check is closed.

A background check is closed when:

  • CBCU determines completion of the check is overdue; or
  • the subject’s employment status is changed to inactive, indicating the subject is no longer affiliated with the operation.

If the subject’s employment status is changed to inactive, indicating the subject is no longer affiliated with the operation, CBCU staff stop processing the match.

Sex Offender Registry Results Received with Texas Name Based or Fingerprint Results

Texas name based and FBI fingerprint results include persons listed on the Texas and the national sex offender registries. CBCU staff process registered sex offender results received in the Texas name-based results or the fingerprint results as criminal history as described in 10380 Sex Offender Registry Check Results.

A background check subject who is registered or required to register as a sex offender in Texas or any other state or U.S. territory may not be present at an operation while children are in care.

26 TAC §745.651

See:
10322 Documenting the Criminal History Results
10323 Processing Court Documents
10510 Types of Eligibility Determinations
10520 Employment Status
10531 Types of Background Check Notifications  
10720 Inactivating a Subject’s Role or Employment

 

10321 Determining Appropriate Actions Based on Criminal History

February 2021

Procedure

When notified that a background check subject has criminal history, CBCU staff use the Criminal Convictions charts to determine if the criminal history makes the subject:

  1. eligible to be present at the operation without a risk evaluation;
  2. ineligible to be present at the operation; or
  3. eligible for a risk evaluation.

If eligible for a risk evaluation, CBCU staff also determine if the subject can be present at the operation pending the completion of the risk evaluation.

CBCU staff may place conditions on a subject’s presence to protect the health or safety of children, if needed.

CBCU staff provide a due date for any additional information needed in the Match Letter-Subject.

26 TAC §745.661

See 10510 Types of Eligibility Determinations

 

10322 Documenting the Criminal History Results

August 2021

Procedure

CBCU staff document the results of criminal history checks in the following pages in CLASS:

Type of Criminal History Check is … CLASS Page on Which Results are Documented
Texas name-based criminal history check, which includes the Texas sex offender registry results, Texas Name-Based Criminal History Background Check Results.
Fingerprint-based criminal history check, which includes the National Sex Offender Registry results associated with a subject's fingerprints, Fingerprint Background Check Results.
Out-of-state criminal history check, Out-of-State Criminal History Background Check Results.
Out-of-state sex offender registry check, Out-of-State Sex Offender Registry Background Check Results.

 

10322.1 Documenting Results and Making the Background Check Type Eligibility Determination

February 2021

On the applicable background check results page in CLASS, CBCU staff do the following:

  1. In the Criminal Charges section:
    • ensure each arrest is included as a row;
    • add or edit each result; and
    • make the appropriate Arrest Determination and Can be Present selections for each row in the Criminal Charges section according to the applicable Criminal Convictions chart.
  2. In the Information Specific to the Result section, document:
    • the background check type eligibility determination;
    • the due date if any additional information is needed; and
    • any other relevant information.
  3. Select the Preview Match Determination button to verify the Match Determination and Can be Present selections are correct.  If the selections are incorrect, make corrections until the selections are correct.
  4. Select the Finalize Match Determination button to complete the background check type eligibility.
  5. Save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and the operation.

See:
10323 Processing Court Documents
10412 Notifying a Subject Who is Eligible for a Risk Evaluation
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications

 

10323 Processing Court Documents

February 2021

If a subject’s background check has incomplete criminal history results, CBCU staff give the subject the opportunity to provide court documentation to resolve the results.

Procedure

After the subject provides the court documentation, CBCU staff verify the validity and completeness of the court documents and update the criminal history by completing the steps in 10322 Documenting the Criminal History Results.

If the court documentation results in a change in the eligibility determination, the subject and the operation are sent updated eligibility notifications.

26 TAC §§745.639745.645

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications 

 

10330 Receiving New and Updated Criminal History Results

February 2021

CCR may receive new and updated criminal history information from an operation, from a monitoring inspector or through the Texas or National Rap Back programs.

When a subject has valid fingerprints on file with CCR, the subject is enrolled in Texas and National Rap Back programs. These programs allow CCR to automatically receive new Texas or national criminal history for the subject (a rap back result).

Procedure

If a CCR monitoring inspector receives information from an operation that a background check subject associated with the operation has either been arrested, indicted or is the subject of an official criminal complaint accepted by a county or district attorney, the CCR monitoring inspector immediately reports this information to the CBCU inspector assigned to the operation. The CBCU inspector adds the new information as a new criminal history result on the subject’s appropriate background check results page.

When new information is returned electronically to CLASS through the Texas or National Rap Back programs, a Rap Back Match Found TODO is created on the assigned CBCU Inspector’s workload in CLASS.

26 TAC §§744.305(a)(4)745.631745.665745.667746.305(a)(4)747.303(a)(4)748.303(d)(6)749.503(d)(6)

 

10330.1 Ensuring Complete Criminal History Results

May 2021

Procedure

When processing a criminal history result, CBCU staff verify that the criminal history background check results include all arrests and charges.

If CBCU staff determine that CLASS did not populate all arrests and charges into the subject’s history, CBCU staff add any missing results according to the Documenting Criminal History Results Job Aid available on the CCR SharePoint site.

 

10331 Acting on New and Updated Criminal History Results

January 2022

Procedure

When CBCU staff receive criminal history information indicating that a subject associated with the operation has either been arrested, indicted or is the subject of an official criminal complaint accepted by a county or district attorney, CBCU staff use the appropriate Criminal Convictions Chart and determine whether a conviction for the new or updated offense would make the subject:

  1. eligible to be present at the operation;
  2. ineligible to be present at the operation;
  3. eligible to be present with conditions pending for a temporary risk evaluation decision; or
  4. eligible to be present with conditions pending the disposition of the criminal charge.

CBCU staff may also consult with an Enforcement attorney for Child Care Licensing to determine if the new or updated information causes the subject’s presence to pose an immediate threat to the health or safety of children.

CBCU staff process new or updated results according to 10320 Acting on the Results of a Criminal History Check and 10321 Determining Appropriate Actions Based on Criminal History.

10331.1 Temporary Risk Evaluation for Criminal History Pending a Final Disposition

January 2022

CBCU staff offer a background check subject a temporary risk evaluation when:

  • the subject’s eligibility is provisional;
  • the criminal history is eligible for a risk evaluation according to the appropriate Criminal Convictions Chart; and
  • the criminal history does not have a final disposition.

CBCU staff evaluate eligibility for a temporary risk evaluation and process the temporary risk evaluation according to 10411 Temporary Risk Evaluation and 10441 Risk Evaluation Reconsideration for New and Updated Background Check Results.
 

26 TAC §§745.661745.683

Exception for an Unverified Foster Home or Unapproved Adoptive Home

Background check subjects who are foster or adoptive parents or household members at an unverified foster home or unapproved adoptive home are eligible for a temporary risk evaluation only when:

  • DFPS has placed a child in the home; 
  • DFPS plans to place a child in the home pending a background check decision; or
  • an adoption is pending a background check decision.

CBCU staff may consult with CPI staff or the HHSC Child Care Licensing Legal Department to determine if a temporary risk evaluation is needed because DFPS has placed or plans to place a child in the home or an adoption is pending a background check decision.
 

10331.2 Reconsideration of an Existing Risk Evaluation Decision

January 2022

If the subject has a risk evaluation for any prior matches, CBCU staff process the new criminal history results according to 10441 Risk Evaluation Reconsideration for New and Updated Background Check Results.

26 TAC §§744.305(a)(4)745.631745.665745.667746.305(a)(4)747.303(a)(4)748.303(d)(6)749.503(d)(6)

See:
10411 Temporary Risk Evaluation
10510 Types of Eligibility Determinations
10520 Employment Status
10531 Types of Background Check Notifications
 

10340 Handling Juvenile Offenses

February 2021

Procedure

All juvenile history is marked as “Juvenile Offense” on the applicable background check results page unless CBCU staff and an Enforcement attorney for Child Care Licensing determine additional action is appropriate based on the threat associated with the subject’s presence at the operation.

 

10340.1 Determining a Subject’s Presence Poses an Immediate Threat Based on Juvenile History

February 2021

Procedure

CBCU staff consult with a CBCU manager and the Child Care Licensing Legal Enforcement Department when determining whether the subject’s presence presents an immediate threat to the health or safety of children after considering the following:

  • whether the offense would result in an “ineligible” or “provisionally eligible” determination if it were an adult criminal charge or conviction;
  • the length of time since the offense occurred; and
  • the status of the disposition hearing for the offense (adjudicated, pending, supervisory caution, dismissed, etc.).

To make the determination, CBCU staff may conduct research to verify that the offense is a juvenile offense and to confirm the status, if the information is not provided in the background check results.

 

10340.2 Possible Actions for Juvenile Offenses

February 2021

Procedure

An Enforcement attorney for Child Care Licensing determines whether the offense(s):

  • should result in an ineligible determination based on a determination of an immediate threat to the health or safety of children;
  • should be released to the child-placing agency (CPA) for informational purposes (only for subjects associated with foster or adoptive homes); or
  • may not be released to any operation.

CBCU staff save copies of emails and documentation of the consultation on the CCR share drive.

 

10340.21 Actions for Determination of Immediate Threat for Juvenile Offense

January 2022

If the subject’s presence is determined to present an immediate threat to the health or safety of children because of the juvenile history, CBCU staff do the following on the applicable criminal history results page in CLASS:

  1. In the Abuse/Neglect Findings section, on the row(s) for the juvenile result(s):
    • select “MSV – Barred” in the Arrest Determination field; and
    • verify Can Be Present selection populates to “No.”
  2. In the Information Specific to this Result section, document:
    • a summary of the consultation and decision with the Child Care Licensing Legal Enforcement Department; and
    • any other relevant information.
  3. Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct;
  4. Select the Finalize Match Determination button to complete the eligibility determination.
  5. Save the page by selecting the Save button.

If the subject’s presence is determined to present an immediate threat to the health or safety of children, CBCU staff follow the process in 7711.3 Explaining the Right to an Administrative Review and send a letter notifying the subject of the following:

  • the determination of immediate threat to the health or safety of children;
  • the information that was released to the operation;
  • the subject’s right to request an administrative review; and
  • how to request an administrative review.

If the subject’s presence was determined to present an immediate threat to the health or safety of children, CBCU staff send an ineligible determination notification to the operation. If the background check was submitted for a foster or adoptive parent or household member, CBCU staff also provide the “Background Check Match Letter” to the CPA as described in 10533.1 Additional Information Sent to a Child-Placing Agency.

Administrative Review Following an Approved Determination of Immediate Threat Based on a Juvenile Adjudication

When the CBCU determines that the subject’s presence presents an immediate threat to the health or safety of children based on a juvenile adjudication that the CBCU received with the subject’s criminal history, CBCU staff follow the process in 7711.3 Explaining the Right to an Administrative Review and send a letter notifying the subject of the following:

  • the determination of immediate threat to the health or safety of children;
  • the information that was released to the operation;
  • the subject’s right to request an administrative review; and
  • how to request an administrative review.

Exception: If the background check subject is a minor, the CBCU notifies the subject’s parent or guardian of the determination and explains the administrative review process. The parent or guardian can request the administrative review for the minor.

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications 

 

10340.22 Actions for Determining the Subject’s Presence Does Not Pose an Immediate Threat for Juvenile Offense

February 2021

If the subject’s presence was determined not to present an immediate threat to the health or safety of children and will not be released for informational purposes, CBCU staff do the following on the applicable Background Check Results page in CLASS:

  1. In the Abuse/Neglect Findings section, on the row(s) for the juvenile result(s):
    • select “Not a Minimum Standards Violation” in the Arrest Determination field; and
    • verify Can Be Present field populates to “Yes.”
  2. In the Information Specific to this Result section, document:
    • the decision relating to the release of the juvenile history;
    • a summary of any consultation and decision with the Child Care Licensing Legal Enforcement Department; and
    • any other relevant information.
  3. Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct.
  4. Select the Finalize Match Determination button to complete the eligibility determination.
  5. Save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

Additional Consideration for a CPA

When an Enforcement attorney for Child Care Licensing determines the juvenile history should be released to a CPA for informational purposes only, CBCU staff send the “Match Letter – Subject” to the subject (See: 10540 Background Check Notifications Sent to the Subject of the Background Check) and the “Background Check Match Letter” to the operation. (See: 10533 Background Check Notifications Sent to the Operation and 10533.1 Additional Information Sent to a Child-Placing Agency.)

40 TAC Chapter 745, Subchapter M, Division 1 Administrative Reviews; Chapter 745, Subchapter M Division 2 Due Process Hearings; 26 TAC §745.601(4)

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications 

 

10350 Criminal Offenses that Result in Deferred Adjudication Community Supervision

April 2022

CBCU staff consider a criminal offense that results in deferred adjudication community supervision as a criminal conviction as follows:

If … Then, deferred adjudication community supervision for an offense is considered …
CCR is not in the process of issuing, denying or revoking the person’s permit or administrator's license, a criminal conviction until the person successfully completes the terms of community supervision. Proof that a person has successfully completed the terms of community supervision is an order from the court that dismisses the proceedings and discharges the person.
CCR is in the process of issuing, denying or revoking the person’s permit or administrator's license, a criminal conviction with respect to CCR's decision to issue, deny or revoke the permit or license. It does not matter if the person has successfully completed the terms of community supervision and the court has dismissed the proceedings and discharged the person.

26 TAC §745.663

See:

3213 Topics Covered and Forms Provided During the Pre-Application Interview

3213.3 Background Check Responsibilities

3312 Conducting Background Checks

3400 Issuance of a Permit

3900 Permit Renewal

9500 Issuing a Child Care Administrator’s License

9600 Renewing an Administrator’s License

9640 Background Checks for an Administrator’s License

9700 Remedial Action on an Administrator’s License

 

10360 Criminal History Matches for Licensed Administrators

April 2022

In addition to the offenses identified on the Licensed or Certified Child Care Operation: Criminal History Requirements chart and 10350 Criminal Offenses that Result in Deferred Adjudication Community Supervision, the CBCU evaluates a licensed administrator’s criminal history matches for offenses related to financial crimes, including the following Penal Code offenses:

  1. Title 7 Offenses Against Property;
  2. Title 8 Offenses Against Administration; and
  3. Title 11 Organized Crime.

Procedure

If CBCU staff determine that the administrator is ineligible to be an administrator or requires a risk evaluation, CBCU staff notify the CCR program specialist responsible for the administrator licensing program, so that enforcement action may be taken against the administrator’s license.

26 TAC §745.775

See:

9640 Background Checks for an Administrator’s License

9700 Remedial Action on an Administrator’s License

 

10370 Out-of-State Criminal History Background Checks

February 2021

The purpose of the out-of-state criminal history background checks is to determine if the background check subject has criminal history in another state or U.S. territory that would make the subject ineligible to be present at an operation or provisionally eligible pending a risk evaluation request and decision. The process for obtaining out-of-state criminal history results varies by state or U.S. territory.

26 TAC §745.613

See: 10113 When Out-of-State Background Checks are Required

 

10371 Requesting Out-of-State Criminal History Searches

February 2021

Procedure

When an out-of-state background check is required, CBCU staff:

If the state requires HHSC to submit the out-of-state criminal history request, CBCU staff follow instructions for submitting the request, as outlined in the internal document saved on the CCR share drive Out-of-State Resource Guide.

Out-of-state criminal history check results are valid for five years from the Date Submitted column for the first background check that included the state on the subject’s Background Check History page in CLASS. The results automatically copy over into additional background checks until the results expire, at which time the out-of-state criminal history background check must be re-requested if the check is still required.

 

10371.1 States Participating in the National Fingerprint File Program

February 2021

Certain states participate in the National Fingerprint File (NFF) program. Results for NFF-participating states are received in the subject’s FBI results and, therefore, do not require an additional search of the state’s criminal records.

If the subject of the background check needs an out-of-state background check from an NFF-participating state, an out-of-state check is not required for that state and CBCU staff process the results according to 10320 Acting on the Results of a Criminal History Check.

26 TAC §745.613

 

10372 Evaluating Results from Out-of-State Criminal History Searches

February 2021

Procedure

After receiving out-of-state criminal history background check results from the applicable state agency or the subject, CBCU staff review the documents to determine whether the results meet the following requirements:

  1. documents have a seal, are on letterhead and/or have details indicating that the search was completed by the appropriate state repository;
  2. the name of state searched is included;
  3. the names and identifying information used to complete the search are included and are the same as information submitted for the subject in the background check request; and
  4. the completion date of the search is no older than the following, unless a CBCU manager has approved an exception:
    • six months prior to the Date Submitted for the background check if the subject of the background check currently lives in Texas.
    • 45 days prior to the Date Submitted for the background check if the subject of the background check currently lives in the state searched.

If the results do not meet the requirements, they are considered rejected. CBCU staff save a copy of the document(s) on the CCL share drive and follow procedures in 10373 Rejecting Out-of-State Criminal History Results.

If the results do meet the requirements, they are considered accepted. CBCU staff save a copy of the document(s) on the CCL share drive and follow procedures in 10374 Acting on Accepted Out-Of-State Criminal History Results.

 

10373 Rejecting Out-of-State Criminal History Background Check Results

February 2021

Procedure

When the CBCU rejects out-of-state criminal background check history results, CBCU staff communicate with the subject by either email or telephone and provide the reason(s) for the rejection.

Next, CBCU staff document the following on the correct state’s Out-of-State Criminal History Background Check Results page in CLASS in the Information Specific to This Result section:

  • the information received;
  • the reason for the rejection;
  • communication with the subject; and
  • the location of the saved document.

 

10374 Acting on Accepted Out-of-State Criminal History Results

February 2021

After receiving the results, CBCU staff document and process the results in order to make an eligibility determination of “eligible,” “ineligible” or “provisionally eligible,” as appropriate.

26 TAC §745.613

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications  

 

10374.1 Subject Has Out-of-State Criminal History

February 2021

Procedure

CBCU staff may consult with an Enforcement attorney for Child Care Licensing if the subject of the background check has an out-of-state criminal history result and clarification is needed to determine the appropriate action based on the Criminal Convictions Charts.

Based on the information in the results and any legal guidance from the Child Care Licensing Legal Enforcement Department, CBCU staff determine if the subject is eligible for a risk evaluation and process the risk evaluation as described in 10400 Risk Evaluations.

Documenting Results

On the correct state’s Out-of-State Criminal History Background Check Results page in CLASS, CBCU staff do the following:

  1. In the Results section:
    • change the Status field to “Match”; and
    • enter the date the result was received into the Date Received field.
  2. In the Criminal Charges section:
    • create a row for each charge; and
    • complete the Arrest Determination field and Can Be Present field button for each results row.
  3. In the Information Specific to This Result section, document:
    • any consultation with the Child Care Licensing Legal Enforcement Department;
    • the due date if any additional information is needed;
    • the location of the electronic copy of the out-of-state criminal background check history results;
    • any other relevant information; and
    • Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections populate correctly based on all results. If the selections are incorrect, corrections until the selections are correct.
  4. Select the Finalize Match Determination button to complete the eligibility determination.
  5. Save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications 

 

10374.2 Subject Does Not Have Out-of-State Criminal History

February 2021

Procedure

If the subject does not have an out-of-state criminal history result in the state, CBCU staff do the following on the correct state’s Out-of-State Criminal History Background Check Results page in CLASS:

  1. In the Results section:
    • change the Status field to “Cleared”; and
    • enter the date the result was received into the Date Received field.
  2. In the Information Specific to This Result section, document:
    • a summary of the documentation;
    • any consultation with the Child Care Licensing Legal Enforcement Department;
    • the location of the electronic copy of the out-of-state criminal background check history results; and
    • any other relevant information.
  3. Save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications 

 

10380 Sex Offender Registry Check Results

August 2021

A background check subject who is registered or required to register as a sex offender in Texas or any other state or U.S. territory may not be present at an operation while children are in care.

Procedure

The registered sex offender background check types are summarized in the table below:

Registered Sex Offender Background Check Type Sex Offender Registry How Results are Received in CLASS Results Page in CLASS
Texas Name-based Texas Sex Offender Registry Texas Name-based Criminal History Check batch process Texas Name-Based Criminal History Background Check Results
FBI fingerprint-based background check Fingerprint-based National Sex Offender Registry FBI Criminal History Check batch process Fingerprint Background Check Results
Out-of-state background check for each state included in the subject’s background check request Out-of-State Sex Offender Registry CBCU staff search each required state’s sex offender registry Out-of-State Sex Offender Registry Background Check Results
National Sex Offender Registry (NSOR) background check NSOR NSOR background check batch process National Sex Offender Registry Background Check Results

26 TAC §745.669

 

10381 Texas Sex Offender and National Sex Offender Registry Results

August 2021

Procedure

Texas name-based and FBI fingerprint results include persons listed on the Texas and national sex offender registries, as described in 10322 Documenting the Criminal History Results.

The National Sex Offender Registry (NSOR) check includes results from a name-based search for persons listed on the NSOR.

 

10381.1 Processing Matches for Texas Name-Based Sex Offender and Fingerprint Sex Offender Results

August 2021

CBCU staff process sex offender registry results received from Texas name-based and FBI fingerprint results on the Fingerprint Background Check Results or Texas Name-Based Criminal History Background Check Results page, as appropriate. CBCU staff do the following on the applicable background check results page in CLASS:

  1. In the Criminal Charges section:
    • create a row for the result, if needed;
    • select “Other Criminal Offense” in the Criminal Charge field;
    • enter “Registered Sex Offender” in the If Other, Please Specify field;
    • complete the Disposition and Arrest Date fields with the correct information;
    • select “MSV-Barred” in the Arrest Determination field; and
    • Can Be Present field, verify “No” is automatically selected.
  2. In the Information Specific to This Result section, document:
    • a summary of the result;
    • a statement the subject cannot be present; and
    • any other relevant information.
  3. Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections populate correctly based on all results. If the selections are incorrect, make corrections until the selections are correct.
  4. Select the Finalize Match Determination button to complete the eligibility determination.
  5. Save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications 

 

10381.2 Processing Possible Matches for Name-Based National Sex Offender Registry (NSOR) Search

August 2021

The National Sex Offender Registry (NSOR) background check provides results from a name-based search of the NSOR. CLASS receives the possible results from an automated search.

Procedure

Reviewing Results from an NSOR Search

CBCU staff receive notification of a possible NSOR match from an automated name-based search of the NSOR database that contains all possible matches for the subject.

If there are no potential matches, the status of the NSOR check result is automatically set to “Cleared” in CLASS.

If there are possible matches, CBCU staff determine whether the person listed in the search result is the same person as the subject of the background check by comparing the information in each possible NSOR match to the following information:

  1. any name (including alternate names and versions of the subject’s name);
  2. any possible Social Security numbers (SSNs);
  3. any possible date of birth (DOB); and
  4. other identifiers or personal information, if needed.

Next, CBCU staff select the appropriate radio button and staff document each possible match result and complete the next step to take with each match as outlined in the chart below:

The Possible Match is What to Select on the NSOR Possible Match Results Page in CLASS Resulting Status in the Result Section of the NSOR Background Check Results Page in CLASS Next Step
The same person as the subject of the background check, Accept Match CBCU staff process the NSOR match, according to 10381.3 Processing Matches from an NSOR Search.
A different person from the subject of the background check, Reject Cleared CBCU staff have finished processing the possible NSOR match.
Unclear because there is not enough information to determine whether the person listed in the search results is the same person as the subject of the background check, Undetermined Possible Match CBCU staff:
  • conduct additional research until a match can be determined or ruled out; and
  • update the Results section of the NSOR Background Check Results page to “Match” or “Cleared” based on the final determination.

 

10381.3 Processing Matches from an NSOR Result

August 2021

Procedure

Active Registered Sex Offender

If, according to the name-based NSOR result, CBCU staff determine that the person is actively registered as a sex offender, CBCU staff do the following on the NSOR Results page in CLASS:

  1. In the Information Specific to this Result section, document information about the match.
  2. In the Match Determination field, select “MSV-Barred”;
  3. In the Can Be Present field, verify “No” is automatically selected; and
  4. Select the Save button to save the page and complete the eligibility determination.

After completing the above steps, CBCU staff send appropriate notifications to the subject and the operation.

Inactive Registered Sex Offender

If, according to the name-based NSOR result, CBCU staff determine that the person is not actively registered as a sex offender, CBCU staff do the following on the NSOR Results page in CLASS:

  1. In the Information Specific to this Result section, document information about the match.
  2. In the Match Determination field, select “Not an Minimum Standards Violation”;
  3. In the Can Be Present field, verify “Yes” is automatically selected; and
  4. Select the Save button to save the page and complete the eligibility determination.

After completing the above steps, CBCU staff send appropriate notifications to the subject and the operation.

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications

 

10382 Out-of-State Sex Offender Registry Results

August 2021

Procedure

CBCU staff obtain results of other states’ and U.S. territories’ sex offender registries by conducting a search of the applicable registry when a subject requires an out-of-state sex offender registry check. CBCU staff update the Out-of-State Sex Offender Registry Background Check Results page in CLASS.

Results are valid for five years from the Submittal Date of the first request for the state or U.S. territory. The results automatically copy over into additional background checks until the results expire. CBCU staff conduct a new search of the out-of-state sex offender registry if the out-of-state sex offender registry check is still required and the results have expired.

If the subject of the background check is not found in the applicable state’s or U.S. territory's registry, CBCU staff do the following on correct state’s or territory's Out-of-State Sex Offender Registry Background Check Results page in CLASS:

  1. In the Results section:
    • select “Cleared” in the Status field; and
    • enter the date the search was completed in the Date Received field.
  2. In the Information Specific to this Result section, document the search results.

If the subject of the background check is found on the applicable state’s or U.S. territory's registry, CBCU staff do the following on the correct state’s or territory's Out-of-State Sex Offender Registry Background Check Results page in CLASS:

  1. In the Results section:
    • select “Match” in the Status field; and
    • enter the date the search was completed in the Date Received field.
  2. In the Information Specific to this Result section, document the search results.
  3. In the Match Determination field, select “MSV-Barred.”
  4. In the Can Be Present field, verify “No” is automatically selected.
  5. Select the Save button to save the page and complete the eligibility determination.

After completing the above steps, CBCU staff send appropriate notifications to the subject and the operation.

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications