Lisa R. Collier, CPA, CFE, CIDA
First Assistant State Auditor

August 2020
Report No. 20-327

Applying for an Occupational License After Conviction or Deferred Adjudication
Before Applying Flowchart

After Applying Flowchart

FAQs

Exceptions

Introduction
As required by Texas Occupations Code, Section 53.026, the
State Auditor’s Office, in collaboration with occupational
licensing authorities, developed this guide to provide an
overview of the occupational licensing application process for
a person with a criminal conviction or deferred adjudication
for a felony or misdemeanor offense. The guide presents the
process outlined in Texas Occupations Code, Chapter 53, and
is not intended to serve as legal advice.
This guide breaks the process into two parts:
(1) Steps that may be taken before applying for an
occupational license, such as requesting a licensing
authority to evaluate a potential applicant’s eligibility for a
license, and
(2) Steps that may be taken after applying for an occupational
license, including options if an application for a license is
denied.
The guide also includes answers to frequently asked
questions, possible exceptions to the process outlined, and a

list of occupational licensing authorities. The occupational
licensing application process described in this guide involves
several parties:


Applicant or potential applicant with a criminal conviction
or deferred adjudication.



Licensing authority.



State Office of Administrative Hearings (if applicable).



District Court (if applicable).

Additional resources related to applying for occupational
licenses in Texas include the websites of specific licensing
authorities; Texas Occupations Code, Chapter 53; and the
State Office of Administrative Hearings’ website at
www.soah.texas.gov.
For specific questions about the processes for obtaining a
particular occupational license after a criminal conviction or
deferred adjudication, contact the applicable licensing
authority.1

1

There are numerous licensing authorities and licenses. This guide offers
general guidelines and does not detail the process to apply for a specific
license or applicable processes for current licensees.
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FAQs

Exceptions

Before Applying
Licensing Authority Will Notify
You in Writing within 90 Days
of Potential Eligibility.

You May Contact the
Licensing Authority for
Additional Requirements
and Apply for a License.

90
Determining in
Advance Whether a
Criminal Conviction
or Deferred
Adjudication Will
Make You Ineligible
for the License*

You May Request a Criminal
History Evaluation Letter from
the Licensing Authority.

Licensing Authority Will
Notify You in Writing within
90 Days of the Reasons for
Potential Ineligibility.

*Certain Conditions Apply.

Check Exceptions to determine if
criminal conviction process is applicable.

90

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You May Still Apply for a
License.

Applying for an Occupational License After Conviction or Deferred Adjudication
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Exceptions

After Applying
Licensing Authority
Approves Application and
Grants License.*
*Approval is based on applicant complying
with all requirements for a license. License
granted may have additional conditions.

Applying for a
License with a
Criminal Conviction
or Deferred
Adjudication.

Licensing Authority
Approves Application and
Grants License.*
Applicant Submits
Additional Information That
Clears Reasons for Pending
Denial.

Applicant Requests a
Hearing at the State
Office of Administrative
Hearings (SOAH).

Licensing Authority Gives
Written Notice of Pending
Denial of License.

Check Exceptions to determine if criminal
conviction process is applicable.

*Approval is based on applicant complying
with all requirements for a license. License
granted may have additional conditions.

Licensing Authority
Considers SOAH
Recommendation for
Licensure.

Applicant Submits
Additional Information That
Does Not Clear Reasons for
Pending Denial.

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License Authority
Denies License and
Sends Notice with
Options to Appeal.

Applicant May Appeal to the District
Court That Has Jurisdiction Over the
Licensing Authority.

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Additional Information – Before Applying
DETERMINE IN ADVANCE WHETHER A CRIMINAL CONVICTION
OR DEFERRED ADJUDICATION WILL MAKE YOU INELIGIBLE
FOR THE LICENSE

In most cases, before applying for an occupational license, you
may request that a licensing authority evaluate your eligibility
for a license if you are (1) enrolled or planning to enroll in an
educational program to prepare for a license or planning to
take an examination for a license and (2) have reason to
believe you are ineligible due to a criminal conviction or
deferred adjudication for a felony or misdemeanor offense.
Please note that not all licensing authorities have this option;
please consult the specific licensing authority for additional
information.
In certain cases, a licensing authority may not consider you to
be convicted of an offense (see When a Licensing Authority
May Not Consider You Convicted of an Offense for more
information.)

REQUESTING CRIMINAL HISTORY EVALUATION LETTER

You may request a criminal history evaluation letter regarding
your potential eligibility from the applicable licensing
authority. That request must state why you think you may be
ineligible.
The licensing authority will consider several factors in
determining your potential eligibility for a license (see Factors
That Licensing Authorities Shall Consider to Determine
Eligibility for more information). You may want to include any
relevant information related to those factors in your request
for an evaluation letter.
A licensing authority has the same power to investigate a
criminal evaluation letter request that it has to investigate a
person applying for a license. In addition, a licensing authority
may charge a fee to process a criminal history evaluation.
Contact the licensing authority responsible for issuing the
license for which you are interested in applying for further
details regarding the criminal history evaluation request.

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DETERMINATION OF ELIGIBILITY

A licensing authority has 90 days from the date it receives the
request for a criminal history evaluation letter to (1)
determine if you (the requestor of the letter) are potentially
ineligible for a license and (2) send a determination letter
notifying you of the evaluation results.
If the licensing authority determines that you are potentially
eligible for a license, the licensing authority will notify you in
writing of its determination of potential eligibility, including
factors considered. You may contact the licensing authority for
any additional requirements and apply for a license.
If the licensing authority determines you are potentially
ineligible for a license, the licensing authority will notify you in
writing of its determination of potential ineligibility and
explaining any factors that served as a basis for that
determination. (See Factors That Licensing Authorities Shall
Consider to Determine Eligibility for more information.)
You may still apply for a license if you get a letter with a
determination of a potential ineligibility; however, there is an
increased possibility the licensing authority will deny the
license. You cannot contest the licensing authority’s
evaluation of potential ineligibility; you must apply for a
license if you wish to contest a denial of a license. (See After
Applying Flowchart for details.)
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Exceptions

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Additional Information – After Applying
APPLYING FOR AN OCCUPATIONAL LICENSE WITH A
CRIMINAL CONVICTION OR DEFERRED ADJUDICATION



Offer the opportunity for you to appear before the
licensing authority’s governing board or commissioner to
help determine your eligibility for an occupational license.



Conduct an informal hearing at the licensing authority to
clear any potential issues that could result in a denial of an
occupational license.

Some licensing authorities’ processes may differ from the one
outlined in this guide. For example, some licensing authorities:



Offer the opportunity to withdraw your application and
receive a refund.



Extend the time to submit relevant information after a
pending denial of an occupational license.

Contact the applicable licensing authority for detailed
information about its processes.



Review an applicant’s submission of additional information
to clear any potential denial issues before responding with
a notice containing information for contesting denial
issues at the State Office of Administrative Hearings.



Conduct administrative reviews after an initial application,
during which the licensing authority will request further
information if a potential denial may occur.

Once you apply for an occupational license, the licensing
authority will notify you whether the license is granted or
pending denial. Please note that approval of an occupational
license is based on satisfying all requirements for that license.

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Exceptions

WRITTEN NOTICE OF PENDING DENIAL OF OCCUPATIONAL
LICENSE

APPLICANT OPTIONS AFTER RECEIVING A WRITTEN NOTICE
OF PENDING DENIAL

If a licensing authority determines that an application for an
occupational license might not be approved, it will send you a
written notice of pending denial and give you an opportunity
to submit additional, relevant information. The licensing
authority must give you at least 30 days to submit additional
information.

Please be aware that license authority notices may differ. You
should read all information in any written notice very carefully
and adhere to the deadlines and instructions for submitting
information or requesting a hearing to contest a licensing
authority’s intended denial of an application. Generally, you
have the following options after receiving a written notice of
pending denial:

The written notice of pending denial you will receive from the
licensing authority must contain, as applicable:




You submit additional relevant information that clears the
issue(s) for the pending denial and the licensing authority
grants the license (provided the applicant complies with all
requirements for that license).



You request a hearing at the State Office of Administrative
Hearings (SOAH), or you submit additional information
that does not clear the denial issue(s) and then request a
hearing at SOAH.



You submit additional information that does not clear the
denial issue(s) and do not request a hearing at SOAH, or
you simply do nothing in response to the written notice of
pending denial. In absence of a request for a hearing at
SOAH or notification from the licensing authority that the
license application has been approved, the denial becomes
effective in accordance with the timeline indicated in the
notice of pending denial. You will then receive a notice of
denial.

A statement that you are disqualified from receiving a
license or being examined for the license because of your
prior conviction of an offense listed in the notice.

Or, a statement that:




The final decision of the licensing authority to deny you a
license or the opportunity to be examined for the license
will be based on the Factors That Licensing Authorities
Shall Consider to Determine Eligibility, and
It is your responsibility to obtain and provide the licensing
authority with evidence regarding these factors.

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REQUESTING A HEARING TO CONTEST A LICENSING
AUTHORITY’S DECISION TO DENY A LICENSE

You have the option to contest a licensing authority’s decision
to deny an occupational license by filing for a hearing with the
State Office of Administrative Hearings (SOAH). (See
Understand What to Expect at a SOAH Hearing for more
information.) The administrative law judge or hearing officer
will submit a recommendation, or proposed decision, to the
licensing authority.
The licensing authority either (1) adopts SOAH’s
recommendation or proposed decision as its own or with
modifications or (2) rejects SOAH’s recommendation and
issues a different order. For some licensing authorities, a
governing board will consider the SOAH recommendation or
proposed decision during a public meeting, which the
applicant may attend. The applicant also may have an
opportunity to address the board. For licensing authorities in
which the executive director (or equivalent) makes the final
decision based on a SOAH recommendation, the applicant
may have an opportunity to meet with the executive director
prior to the final decision. In neither case, however, is the
applicant allowed to present evidence or arguments not
presented to SOAH.
If the licensing authority’s decision is to deny the license after
the hearing at SOAH, you can appeal by filing in the district
court that has jurisdiction over the licensing authority.

FAQs

Exceptions

WRITTEN NOTICE OF DENIAL

Once the licensing authority decides to deny you a license or
the opportunity to be examined for a license because of a
prior conviction or deferred adjudication, it will issue a written
notice of denial, which shall provide:


The reason for the denial, including the Factors That
Licensing Authorities Shall Consider to Determine Eligibility
that served as the basis for the denial.



The earliest date you can appeal the licensing authority’s
denial of licensure.



The judicial review procedure to appeal in district court.

FILING A JUDICIAL REVIEW ACTION IN DISTRICT COURT

A person who has been denied a license or the opportunity to
take an examination, and who has exhausted administrative
appeals, may file an action in district court. This district court
action must be filed in the county where the applicable
licensing authority is located. The district court will review the
evidence previously presented to the licensing authority and
the decision of the licensing authority.
This petition for an action in district court must be filed no
later than 30 days after the date the licensing authority’s
decision is final and appealable. Contact the licensing
authority for additional information about when the decision
is considered to be final.

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FAQs

Exceptions

In collaboration with the State Auditor’s Office, some of the State’s occupational licensing authorities provided the Frequently Asked
Questions (FAQs) and helpful hints listed below.

Frequently Asked Questions (FAQs)
Q: How can I find out if my criminal history will prevent me from
obtaining a particular license?
A: You should review the licensing authorities’ criminal conviction
guidelines before requesting a criminal history evaluation. After
that review, if you believe you may be ineligible, you may apply
for a criminal history evaluation letter and receive a
determination from the licensing authority about whether your
criminal history makes you potentially ineligible for a particular
license. Even if the licensing authority determines you are
potentially ineligible, you may still apply for the license. Applying
for a license will allow you to contest any denial of licensure.

Q: When applying for a license, do I have to disclose a deferred
adjudication, even if I successfully completed it and was never
convicted of that offense?
A: Yes. Under Texas Occupations Code, Chapter 53, deferred
adjudications may sometimes be treated as convictions and used as
the basis for denying or revoking a license. If you do not disclose the
deferred adjudication it may appear as though you are trying to
hide the deferred adjudication from the licensing authority and that
you falsified your application.
Q: What types of additional, relevant information or evidence should
I provide to justify granting my license?

Q: Will my conviction or deferred adjudication permanently bar me
from obtaining a license?

A: You may provide any evidence you believe might convince the
licensing authority to issue the license. Common examples include:
A: While there are a few, specific offenses or types of offense that
letters of recommendation; character reference letters; letters or
permanently disqualify a person from seeking a particular license,
certificates showing attendance in or completion of
the vast majority of licenses do not have such restrictions. In most
rehabilitation/substance abuse programs/anger management
situations, the type or seriousness of the offense is just one factor
programs/relevant classes or programs; letters or reports from
the licensing authority considers when deciding whether to issue
therapists, teachers, or medical professionals; evidence of
a license. Licenses might be issued despite serious and directly
complying with or completing probation or parole conditions; and a
related offenses if, for example, the licensing authority
letter from the applicant or licensee explaining remorse for, or
determines that sufficient time has passed since the offense was
personal growth/change after, the criminal history. You may
committed or other information or evidence has established that
present this evidence at any time, but you should strongly consider
issuing the license will not create an unacceptable risk to the
providing it to the licensing authority with your initial application or
public.
as soon as you can gather it, as it may convince the licensing
authority to grant your license.
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Q: Can I submit a letter of recommendation from friends or family
members?
A: You may, but keep in mind letters from friends and family might
not mean as much because they come from people close to you
who would be more likely to say good things about you no matter
what. The more meaningful letters of character reference or
recommendation come from people who are more neutral or
objective, such as business owners, employers, directors or
supervisors of volunteer organizations, law enforcement officers,
teachers or professors, church pastors, and other prominent
people in the community. The most useful letters will describe
how the writer knows you and what changes, if any, the writer
has seen in your behavior and demeanor since your last criminal
offense or release from incarceration. The writer should always
sign the letter and provide contact information.

FAQs

Exceptions

Q: How will the hearing process unfold?
A: The hearing process can differ depending on which licensing
authority regulates the license you seek. You should consult your
denial letter or notice of violation for more information about what
to expect in the hearing process. As in any hearing process, you may
hire an attorney to represent you.
Q: How can I request a hearing?
A: Send the licensing authority a written request for a hearing. Make
sure the licensing authority receives the request before the
deadline, which should be stated in the denial letter or notice of
violation.
Q: If my application is finally denied or my license is finally revoked
after going through a contested hearing/appeal, can I apply for the
same license again in the future?

Q: What are my options after receiving a denial letter or notice that
my license will be revoked?
A: Yes; however, there could be a waiting period that must end before
you may apply again. The waiting period will vary depending on the
A: You may request a hearing, usually referred to as a contested
license type and the rules of the licensing authority that regulates
case hearing, which will ultimately result in a decision about your
the license you want. When your denial/revocation becomes final,
license by another person or committee, by sending the licensing
consult the license authority or that licensing authority’s statutes
authority a written request for a hearing. Whether you request
and rules to find out if there is waiting period and, if so, how long it
the hearing or not, you may still submit information or evidence
will last.
to the licensing authority to support your license application,
because the information or evidence might convince the licensing Q: I am having difficulty obtaining some of the documentation
authority to reverse its initial decision, issue the license, and
because the incident happened so long ago. What do I do?
dismiss the hearing. However, do not let a deadline stated in the
denial letter pass. Licensing authorities are not necessarily
A: You need to make every attempt to obtain court documentation
required to consider the additional information and/or extend
related to the incident in question. The appropriate legal
any deadline stated in the denial letter.
jurisdiction should be able to provide something on letterhead
stating that no records are found, if that is indeed the case.
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Exceptions

Helpful Hints
Confirm you have actually been convicted or received
deferred adjudication.
A critical first step in determining whether your criminal history is
disqualifying is confirming the nature of your final disposition. This
means determining whether it was a deferred adjudication or a
conviction, and if it was a conviction, whether it was set aside or
pardoned. Also, it is important to:


Confirm the actual date of conviction. This is the date of the
court’s judgment, not the date of arrest, imprisonment, or
completion of probation.



Confirm the offense for which you were convicted. The offense
for which one is arrested or charged may not be the offense for
which you were convicted.



Review the licensing authority’s administrative rules on
disqualifying offenses, and confirm that the offense for which
you were convicted or received deferred adjudication is the
same offense that is potentially disqualifying. This may require
a careful comparison of your judgment with current law and
with the licensing authority’s rules on disqualifying offenses.

Applicants may obtain a copy of their Texas criminal record by
contacting the Department of Public Safety Crime Records Service in
Austin.

Provide all available evidence of rehabilitation or mitigation.
Applicants should review the guidelines that agencies must follow in
evaluating an individual, as reflected in Texas Occupations Code,
Chapter 53, (see Factors That Licensing Authorities Shall Consider to
Determine Eligibility) and in the licensing authority’s administrative
rules, to address any potentially disqualifying criminal history. The
licensing authority may, for example, consider whether the
applicant has maintained a record of steady employment;
supported the applicant’s dependents; maintained a record of good
conduct; and paid all outstanding court costs, supervision fees,
fines, and restitution ordered in any criminal case in which the
applicant has been convicted. The licensing authority also may
consider the extent and nature of the applicant’s past criminal
activity; the age of the applicant when the crime was committed;
the amount of time that has elapsed since the applicant’s last
criminal activity; the conduct and work activity of the applicant
before and after the criminal activity; evidence of the applicant’s
rehabilitation or rehabilitative effort while incarcerated or after
release; and other evidence of the applicant’s fitness, including
letters of recommendation.
Applicants should collect all favorable evidence relating to the
above factors and include it with the application.

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Understand what to expect at a SOAH hearing.
Prior to contesting a licensing authority’s decision to SOAH, a
preliminary hearing may be conducted by the licensing authority,
depending on the licensing authority and the specific license. This
may be a relatively informal hearing, even one held by telephone.
This would be an opportunity to provide any information not
previously provided to the licensing authority, and to address the
reasons the licensing authority believes you are not eligible for the
license.
If there is no preliminary hearing, or if you contest the results of the
preliminary hearing, the licensing authority will schedule a hearing
at the State Office of Administrative Hearings (SOAH). These
hearings are less formal than court hearings; however, you (as the
Respondent) should be prompt, respectful, and appropriately
dressed. You may represent yourself or be represented by an
attorney; you may call witnesses; and you may present evidence.
The rules and procedures governing this hearing are available online
at http://www.soah.texas.gov. This hearing is subject to the Texas
Administrative Procedure Act2.
Respondents should provide all evidence to the licensing authority
and SOAH well in advance of the hearing. Ideally you also should
prepare an outline of the reasons you are entitled to the license—a
summary of the evidence and what you believe it establishes. This
can be filed as an answer to the licensing authority’s petition in
advance of the hearing, or it can be presented at the hearing.

FAQs

Exceptions

You should review previous SOAH decisions (Proposals for
Decisions, or PFDs), particularly those relating to your specific
license. These are invaluable in providing insight into how your case
is likely to be evaluated, and how the judges analyze the evidence of
rehabilitation and mitigation (i.e., the evidence supporting your
license eligibility). You may also find arguments helpful to your case
in the judges’ conclusions, particularly if there are similarities with
your case. Similar cases decided in favor of the licensee may provide
compelling reasons for the judge to rule in your favor.
The SOAH judge’s ruling (a “Proposal for Decision”) is issued within
60 days of the hearing. Exceptions to the decision may be filed by
either party. The final Proposal for Decision is ruled on by the
licensing authority, which then issues a final order. This order may
be appealed by filing suit against the licensing authority in district
court.
SOAH’s Guide to Searching Public Case Files can be found at:
https://cis.soah.texas.gov/dmwebbasic/Guide_to_Searching_Public
_Case_Files.pdf
SOAH PFDs can be found at:
https://cis.soah.texas.gov/dmwebbasic/tokweb27.asp?WCI=login&
WCE=frmlogin&WCU
SOAH information about representing yourself can be found at:
http://www.soah.texas.gov/Representing-Yourself/index.html

2

See Texas Government Code, Chapter 2001, at
https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2001.htm.
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Do not submit false information.
Falsifying an application, or any documents or information
submitted along with an application, can constitute a criminal
offense (see Texas Penal Code, Section 37.10). It also can authorize
the licensing authority to deny a license application (or suspend or
revoke an existing license if the application was submitted to renew
a license that has already been issued). Falsification of an
application just makes things worse, so it is far better to disclose too
much information than too little. You should always disclose the
information, even if someone has told you it is not necessary or
required.

FAQs

Exceptions

Respond to a licensing authority request for information or
documentation.
When a licensing authority requests information or documentation,
do not ignore the request. Make copies of the documents requested
or any written response you submit and send those things to the
licensing authority as soon as possible. If you do not have the
information or documentation and you are unable to get it, respond
to the licensing authority in writing and tell them you do not have it
and why. If you are unable to get a document from another source,
try to get a letter from that other source showing the document is
unavailable and submit that to the licensing authority. Texas
Government Code, Section 2005.052(a), authorizes a licensing
authority to deny a license application when the applicant fails or
refuses to provide documents or information requested by the
licensing authority.

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Exceptions

Factors That Licensing Authorities Shall Consider to Determine Eligibility
The licensing authority will determine the basis for
eligibility/ineligibility by evaluating whether your
conviction(s) or deferred adjudication(s) directly relates to
the licensed occupation. Factors considered include:
 The nature and seriousness of the crime.

If the licensing authority determines your conviction(s) or
deferred adjudication(s) directly related to the licensed
occupation, it will then consider:
 The extent and nature of your past criminal activity.


Your age when the crime was committed.



The relationship of the crime to the purposes for
requiring a license to engage in the occupation.



The amount of time that has elapsed since your last
criminal activity.



The extent to which a license might offer an opportunity
to engage in further criminal activity of the same type
that you previously had been involved.



Your conduct and work activity before and after the
criminal activity.



The relationship of the crime to the ability or capacity
required to perform the duties and discharge the
responsibilities of the licensed occupation.



Evidence of your rehabilitation or rehabilitative effort while
incarcerated or after release.



Evidence of your compliance with any conditions of
community supervision, parole, or mandatory supervision.



Other evidence of your fitness, including letters of
recommendation.



Any correlation between the elements of the crime and
the duties and responsibilities of the licensed
occupation.

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Exceptions

Exceptions
The process outlined in this guide (which is based on the
requirements in Texas Occupations Code, Chapter 53) does
not apply in certain situations. Some of those situations are
described below. Contact the applicable licensing authority if
you have questions about specific exceptions to the process
described in this guide.
The process outlined in this guide does not apply to the
following licenses or licensing authorities:


The Supreme Court of Texas, a person licensed under the
court’s authority on behalf of the judicial branch of
government, or an applicant for a license issued under the
court’s authority on behalf of the judicial branch of
government.



Law enforcement officers, specifically a person licensed or
an applicant for a license under Texas Occupations Code,
Chapter 1701.



An applicant for certification as emergency medical
services personnel under Texas Health and Safety Code,
Chapter 773.

3



A person who is (1) licensed by the Texas Medical Board,
the Texas State Board of Pharmacy, the State Board of
Dental Examiners, or the State Board of Veterinary
Medical Examiners, and (2) has been convicted of a felony
under Texas Health and Safety Code, Chapter 481 (Texas
Controlled Substances Act), Chapter 483 (Dangerous
Drugs), or Chapter 485.033 (Inhalant Paraphernalia).

Applicants are excluded from obtaining a provisional
occupational license3 for the following services: law
enforcement, public health, education, safety services and
financial services in an industry regulated by the securities
commissioner, the banking commissioner, the savings and
mortgage lending commissioner, the consumer credit
commissioner, or the credit union commissioner.
There may be additional exceptions that are not listed here.
Contact the applicable licensing authority for more
information about whether a specific license is exempt from
the process described in this guide.

See Texas Occupations Code, Chapter 53.
Best Practices Guide: Applying for an Occupational License After Conviction or Deferred Adjudication
SAO Report No. 20-327
August 2020
Page 15

Applying for an Occupational License After Conviction or Deferred Adjudication
Introduction

Before Applying Flowchart

After Applying Flowchart

FAQs

Exceptions

When a Licensing Authority May Not Consider You Convicted of an Offense
A licensing authority may not consider you convicted of an
offense if:
(1) You were convicted of a Class C misdemeanor, unless
you are an applicant for or the holder of a license that
authorizes you to possess a firearm and the offense for
which you were convicted is a misdemeanor crime of
domestic violence4.
(2) All of the following three applies:
A. You entered a plea of guilty or nolo contendere;
B. The judge deferred further proceedings without
entering an adjudication of guilt and placed you
under the supervision of the court or an officer
under the supervision of the court; and
C. At the end of the period of supervision, the judge
dismissed the proceedings and discharged you.

However, even if these conditions apply to you, a licensing
authority may still consider you convicted of an offense if it
determines that you may pose a threat to public safety or that
granting a license would give you an opportunity to repeat the
prohibited conduct; and you were charged with:


Any offense described by Article 62.001 (5) of the Texas
Code of Criminal Procedure (Sexual Offender Registration
Program), or



Any other offense if you have not completed the period of
supervision or you completed the period of supervision
less than five years before the date you applied for the
license; or a conviction for the offense would make you
ineligible for the license by operation of law.

For further information about possible exceptions and
whether they apply to your situation, please contact the
applicable licensing authority.

4

See Title 18, United States Code, Section 921, for applicable definitions of
misdemeanor crimes of domestic violence.
Best Practices Guide: Applying for an Occupational License After Conviction or Deferred Adjudication
SAO Report No. 20-327
August 2020
Page 16

Applying for an Occupational License After Conviction or Deferred Adjudication
Introduction

Before Applying Flowchart

After Applying Flowchart

FAQs

Exceptions

Licensing Agencies
While creating this guide, the State Auditor’s Office identified
the following Texas state agencies responsible for issuing
occupational licenses in Texas. The list may not include all
licensing agencies in Texas.


Executive Council of Physical Therapy and Occupational
Therapy Examiners



Office of the Secretary of State



Texas Appraiser Licensing and Certification Board



Texas Behavioral Health Executive Council



Texas Board of Architectural Examiners



Texas Board of Chiropractic Examiners



Texas Board of Examiners of Psychologists



Texas Board of Nursing



Texas Board of Professional Engineers and Land Surveyors



Texas Board of Professional Geoscientists



Texas Commission on Environmental Quality



Texas Department of Agriculture



Texas Department of Banking



Texas Department of Insurance



Texas Department of Licensing and Regulation



Texas Department of Motor Vehicles



Texas Department of Public Safety



Texas Department of Savings and Mortgage Lending



Texas Department of State Health Services



Texas Education Agency - State Board for Educator
Certification



Texas Funeral Service Commission



Texas Health and Human Services Commission



Texas Lottery Commission



Texas Medical Board



Texas Office of Consumer Credit Commissioner



Texas Optometry Board



Texas Racing Commission



Texas Real Estate Commission



Texas State Board of Dental Examiners



Texas State Board of Examiners of Professional Counselors



Texas State Board of Pharmacy



Texas State Board of Plumbing Examiners



Texas State Board of Public Accountancy



Texas State Board of Veterinary Medical Examiners



Texas State Securities Board

Best Practices Guide: Applying for an Occupational License After Conviction or Deferred Adjudication
SAO Report No. 20-327
August 2020
Page 17

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