This article outlines the appeal process individuals can go through if their state application has been denied due to the results of their federal background check.
Justice Involved History Exception Process
The Texas Certification Board exception process allows exemptions to denials under this section, due to extraordinary or extenuating circumstances specific to the applicant’s life since conviction. The applicant has 30 calendar days from the date of denial to apply.
The certification applicant will be considered after the following waiting period depending on verification of accomplishments during the waiting period.
|
Category of conviction |
Time period after conviction to qualify for Exception Submission |
|
1 |
Lifetime (not eligible for exception, must submit an appeal) |
|
2 |
Five (5) years |
|
3 |
Five (5) years |
|
4 |
Three (3) years |
|
5 |
Two (2) years |
Applicants should not submit exemption requests until after the Exception Submission time period has been met.
The applicant needs to submit information verifying recovery. This can be done in three (3) ways:
- Submit a signed personal statement, no longer than one page.
- Submit three signed letters from sponsors or coaches who have worked with the individual.
- Signed statements/letters from employers, counselors, or any person who can verify the applicant has continued to successfully lead a recovery lifestyle.
- No outstanding charges and/or arrests.
a. Once charges and/or arrests have been resolved the applicant can submit an exemption request.
b. Review TAC RULE ⸹354.3201 for more information.
c. Provide another justice involved background check or other official documents indicating that the charge/arrest has been resolved.
The Texas Certification Board Standards Committee will review the application submitted by the certification applicant. The Candidate may be required to agree to an evaluation by a LMHP, LCDC, or one of TAPNET’s screeners.
If the Exception Submission application is denied the candidate may appeal through the Texas Certification Board Appeals process.
Texas Certification Board
401 Ranch Road 620 South Ste. 310
Austin, TX 78734
Email: admin@tcbap.org
Website: https://www.tcbap.org/