Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff
Background Checks April 2022
If a person has been convicted of a felony or misdemeanor (unless otherwise noted) for any of the following offenses, that person is barred from having direct access or direct contact with DFPS resources and clients.
A conviction is the outcome of a criminal prosecution that results in a final judgment that a person (defendant) is guilty of the crime.
If an offense (arrest or conviction) meets any of the following conditions, Background Checks staff reviews the history to determine if the person may have direct access or direct contact to DFPS resources and clients:
- The offense is classified as a Texas Class B misdemeanor or greater and is not listed in the following table.
- The offense is for a federal, out-of-state, or military charge and is not in the following table.
- The offense is for a juvenile arrest or conviction.
- The offense resulted in a deferred adjudication disposition.
| Offense |
Section of the Texas Penal Code |
|---|---|
Criminal Solicitation of a Minor |
15.031 |
*Note: Inchoate offenses are offenses related to the beginnings of potential criminal acts.
| Offense |
Section of the Texas Penal Code |
|---|---|
Criminal Homicide |
19 |
Murder |
19.02 |
Capital Murder |
19.03 |
Manslaughter |
19.04 |
Criminally Negligent Homicide |
19.05 |
Unlawful Restraint (felony) |
20.02 |
Kidnapping |
20.03 |
Aggravated Kidnapping |
20.04 |
Smuggling of Persons |
20.05 |
Continuous Smuggling of Persons |
20.06 |
Operation of Stash House |
20.07 |
Trafficking of Persons |
20A.02 |
Continuous Trafficking of Persons |
20A.03 |
Continuous Sexual Abuse of Young Child or Disabled Individual |
21.02 |
Bestiality |
21.09 |
Indecency with a Child |
21.11 |
Improper Relationship Between Educator and Student |
21.12 |
Invasive Visual Recording |
21.15 |
Unlawful Disclosure or Promotion of Intimate Visual Material |
21.16 |
Voyeurism |
21.17 |
Sexual Coercion |
21.18 |
Sexual Assault |
22.011 |
Aggravated Assault |
22.02 |
Aggravated Sexual Assault |
22.021 |
Injury to a Child, Elderly Individual, or Disabled Individual |
22.04 |
Abandoning or Endangering a Child |
22.041 |
Deadly Conduct (felony) |
22.05 |
Terroristic Threat (felony) |
22.07 |
Aiding Suicide |
22.08 |
Tampering with a Consumer Product |
22.09 |
Harassment by Persons in Certain Correctional Facilities; Harassment of a Public Servant |
22.11 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Prohibited Sexual Conduct |
25.02 |
Agreement to Abduct from Custody |
25.031 |
Enticing a Child |
25.04 |
Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case |
25.07 |
Repeated Violation of Court Order or Condition of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case |
25.072 |
Sale or Purchase of Child |
25.08 |
Unregulated Custody Transfer of Adopted Child |
25.081 |
Advertising for Placement of Child (felony) |
25.09 |
Continuous Violence Against the Family |
25.11 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Arson |
28.02 |
Robbery |
29.02 |
Aggravated Robbery |
29.03 |
Exploitation of Child, Elderly Individual, or Disabled Individual |
32.53 |
Online Solicitation of a Minor |
33.021 |
Money Laundering |
34.02 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Obstruction or Retaliation |
36.06 |
Tampering with Governmental Record (felony) |
37.10 |
Impersonating a Public Servant |
37.11 |
Failure to Stop or Report Aggravated Sexual Assault of Child |
38.17 |
Abuse of Official Capacity |
39.02 |
Official Oppression |
39.03 |
Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody |
39.04 |
Misuse of Official Information |
39.06 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Stalking |
42.072 |
Disclosure of Confidential Information Regarding Family Violence or Victims of Trafficking Shelter Center |
42.075 |
Attack on Assistance Animal (felony) |
42.091 |
Cruelty to Non-livestock Animals (felony) |
42.092 |
Dog Fighting (felony) |
42.10 |
Cockfighting (felony) |
42.105 |
Promotion of Prostitution |
43.03 |
Online Promotion of Prostitution |
43.031 |
Aggravated Promotion of Prostitution |
43.04 |
Aggravated Online Promotion of Prostitution |
43.041 |
Compelling Prostitution |
43.05 |
Sale, Distribution, or Display of Harmful Material to Minor (felony) |
43.24 |
Sexual Performance by a Child |
43.25 |
Employment Harmful to Children |
43.251 |
Possession or Promotion of Child Pornography |
43.26 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Intoxication Manslaughter |
49.08 |
| Offense |
Section of the Texas Penal Code |
|---|---|
Directing Activities of Certain Criminal Street Gangs |
71.023 |
| Offense |
Section of the Texas Family Code |
|---|---|
Making a False Report of Abuse or Neglect |
261.107 |
Removal of Alleged Perpetrator |
262.1015 |
| Offense |
Section of the Texas Human Resources Code |
|---|---|
Failure to Report |
48.052 |
| Offense |
Section of the Texas Code of Criminal Procedure |
|---|---|
Failure to Comply with Sex Offender Registration Requirements |
62.102 |