Criminal Background checks

Criminal History Guidelines
Implication for Licensure

If you have a criminal history record, it may pose an obstacle to registration.  Depending upon the offenses on your criminal history record, you may be disqualified for registration for 3 years, you may be granted a provisional registration, or you may become fully registered. 

The following list is compiled to provide you guidance on the implications of your criminal history record, if you have one.

Non-Discretionary – Revocation of Registration/Disqualification for Initial Registration

  • Registration is revoked by operation of law for any felony conviction resulting in imprisonment
  • Registration is revoked upon imprisonment after revocation of community supervision, parole, or mandatory supervision entered after a felony conviction
  • A person is disqualified for registration while serving a term of imprisonment

Discretionary – The Board may Revoke or Suspend Registration or Disqualification a person from initial registration or taking a registration examination for the following:

  • A conviction for committing at any time the following offenses which the Board has determined are related to the duties and responsibilities of the practice of architecture/landscape architecture/interior design
    • Criminal negligence
    • Soliciting, offering, giving or receiving any form of bribe
    • Unauthorized use of property, funds, or proprietary information of a client or employer
    • An act relating to the malicious acquisition, use or dissemination of confidential information relating to, or accessed in the course of, offering or rendering professional services
    • Any act of fraud or deceptive business practices
  • A conviction for any offense unrelated to the duties and responsibilities of the practice of architecture/landscape architecture/interior design committed during the 5-year period immediately preceding the date of application for registration
  • A conviction for committing the following serious and violent offenses regardless of when they were committed:
    • Murder
    • Capital murder
    • Indecency with a child
    • Sexual performance by a child
    • Aggravated kidnapping
    • Aggravated kidnapping committed with intent to sexually violate or abuse victim
    • Aggravated sexual assault
    • Aggravated robbery
    • Use of a child in the manufacture or delivery of a controlled substance
    • Offenses related to controlled substances committed in or near a school, school bus, playground, video arcade or youth center
    • Sexual assault
    • Injury to a child punishable as a felony of the first degree
    • Use or exhibition of a deadly weapon during the course of, or during the immediate flight from, a felony offense
    • Burglary committed with the intent to commit a felony sexual offense

Provisional Licensing – The Board may issue a provisional certificate of registration to a candidate who:

  • Is otherwise qualified for registration (through education, experience and examination)
  • Committed an offense which is:
    •  unrelated to the practice of architecture/landscape architecture/interior design,
    •  more than 5 year old upon the date of application for registration, and
    • not listed above as a serious or violent offense.

Deferred adjudication – If criminal charges against you were dismissed after a period of deferred adjudication, the Board will not consider your offense as a conviction, unless:

  • the Board determines you pose a continued threat to public safety or
  • registration would provide an opportunity for you to repeat the offense.

The Board may impose disciplinary sanctions for violations of the laws enforced by the Board, regardless of whether a court dismisses criminal charges arising from the same conduct.

Preliminary Evaluation Letter – if you have a criminal history and are unsure if it will prevent you from becoming registered, you may request a preliminary evaluation letter from the Board.  You may contact the board at 512-305-9000.

 

The mission of the Texas Board of Architectural Examiners (TBAE) is to serve the State of Texas by protecting and preserving the health, safety, and welfare of the Texans who live, work, and play in the built environment through the regulation of the practice of architecture, landscape architecture, and interior design.

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