Except as provided in 5 below, an individual with a criminal record will not automatically be disqualified from employment, promotion or appointment. When a report is received that indicates an Applicant or current employee has a criminal record that may affect the employment or service decision, the individual will be notified of this prior to the hiring decision They will be notified of their right to challenge the accuracy and completeness of the report. If the individual indicates the information in the report is incorrect or incomplete, the individual will be afforded the opportunity to present documentation to the UTSAPD that supports their dispute of the report.
This documentation must be received within 3 business days. If the individual cannot provide documentation to dispute the report, or has to begin the process to correct a report, the decision will be finalized based on the information found in the report and the information provided by the individual. Hiring decisions will not be delayed by any processes used to correct a CBC report. If the candidate indicates the record is correct, the review of the report will be finalized. UTSA will not hire, continue to employ, appoint or assign an individual if information is obtained that the individual has been convicted or placed on deferred adjudication for an offense that would require:.
Current Employees staff as internal Applicants or those who have a Reclassification may respond as follows: i. The standard grievance procedures will be used to challenge the employment decisions made based on the CBC refer to HOP policy 3.
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If the CBC leads to a termination decision, a classified employee may appeal using the process outlined in HOP policy 3. Administrative and Professional employees are not covered by HOP policy 3. Current Faculty. Standard grievance procedures will be used to challenge the employment decision as outlined in HOP policy 2. External Applicants for employment must report in writing within five business days any charges or convictions and whether registered as a sex offender or will be required to register as a sex offender , excluding misdemeanor offenses punishable only by fine, occurring after the date of application for employment at UTSA.
Current employees of UTSA must report to their supervisor in writing, within five business days, any criminal complaint, information, indictment, no contest plea, guilty plea or criminal convictions and whether registered as a sex offender or will be required to register as a sex offender , excluding misdemeanor offenses punishable only by fine. Failure to report under this section is a violation of this policy and may lead to disciplinary action, up to and including termination, as appropriate. This section applies to contractors other than Child-Care and Youth Camp contractors for whom the provisions in section C and D of this policy apply.
Confidential Records. Records obtained from a criminal background check database will be regarded as confidential as required by law and will not be made a part of the applicant's file or the employee's personnel file.
Background check for criminal convictions.
The information will be kept in a separate secure file and will not be communicated to any unauthorized person. Criminal History Record Information. Under Texas Government Code Section UTSAPD shall destroy all records obtained from a criminal background check database about the individual six months after it is obtained. The University of Texas at San Antonio.
What Is Included in Background Checks for Teachers?
Handbook of Operating Procedures. To balance competing interests, Texas and federal law sets limits on how employers may use criminal background checks. Employment background checks can be a tremendous hurdle in obtaining employment for a substantial number of people. A report by the National Employment Law Project proclaimed 65 million Americans possess convictions that appear in a background check. The basic rule for criminal background checks in Texas is an employer using a credit reporting agency may go back seven years in a criminal background check.
However, there are several exceptions to this rule. The criminal records of minors are generally sealed.
State Disclosures Prior to becoming a Teacher in Texas - Teachworthy
Employers should not find any criminal convictions before you turned eighteen. If they find out about it they should not be using that information to render an employment decision. There are some other exceptions to the seven year limit. For a job for an insurance company, the employer may perform a background check to your eighteenth birthday. That includes UPS and FedEx drivers, plumbers, electricians, apartment maintenance workers, cable installers, landscapers, and so forth. Keep in mind that this seven year limitation applies when employers hire outside businesses to perform background checks.
Few employers outside of government agencies perform their own investigations; but it is important to know that the seven year rule is not absolute.
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Additionally, Texas permits government agencies including both state and local agencies and departments to look back to your eighteenth birthday. Texas also follows a rule for public jobs to not hire felons; but the federal Equal Employment Opportunity Commission and several federal courts call this rule into question.
For now, at least, the background check will uncover every conviction as an adult. If you accepted straight probation or deferred adjudication instead of prosecution for an alleged crime, your employer will be able to identify the crime if you were convicted, if you were required to make a guilty plea, or pled no contest. If the charge is dismissed without any admission of guilt then it will not show up on a background check.
This issue is important because when an employer asks about your criminal history on a job application you need to pay attention to the question asked. If the question asks about convictions, guilty pleas or pleas of no contest, then you would have to honestly answer that you have something in your history that is responsive to the question. The background check discloses the plea. When the background check results appear the employer terminates you because you were dishonest on the application.
Texas courts hold this is not dishonesty and you would be eligible for unemployment benefits. However, understand that the employer could still terminate you for the underlying crime.
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The short answer is that an arrest is no proof criminal or offensive conduct occurred you are innocent until proven guilty. Employers should not uncover arrests on a background check although sometimes they show up anyway.
No law in Texas specifically prohibits employers from using arrests as a basis for employment decisions but the EEOC asserts federal anti-discrimination law prohibits the use of arrests in employment decisions because such a policy tends to discriminate against ethnic and racial minorities, who are more likely to be arrested than white people.