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SBEC responds to 10 frequently asked questions about fingerprinting and background checks
TCTA staff recently sat down with SBEC Assistant Counsel Andrew Allen, who provided answers to questions that TCTA members have been asking about fingerprinting and background checks. We extend a special thanks to Mr. Allen for helping to clarify the process and will continue to work closely with him and other individuals responsible for implementing the background checks so that we can respond appropriately to your questions and concerns.
Q: I have received an e-mail from SBEC, saying that I have 80 days to submit my fingerprints. What do I do now?
A: You will go to SBEC Online, register if you haven’t done so previously, log on, and get directions on how to obtain your fingerprint authorization form (FAST pass). You and the other teachers in your district should receive your 80-day notices at approximately the same time.
If you were not employed with a Texas school district or charter school during the 2006–07 school year, you will need to pay for your fingerprinting when you obtain your FAST pass. Once you have completed the fingerprint authorization form, you will receive an e-mail with a FAST pass attachment that you will print and take to your fingerprinting appointment. You will need to schedule a fingerprinting appointment with L1 Identity Solutions. Districts may choose to schedule appointments for their employees. You MUST take your FAST pass to your scheduled appointment or you will not be able to be fingerprinted at that time.
Q: Where do I go to get fingerprinted?
A: Your fingerprints must be submitted in a digital format that can be processed by DPS. SBEC staff is currently working with DPS and its digital fingerprinting contractor to provide as many locations as possible throughout the state. You will be given a specific location when you obtain your fingerprint authorization form.
Q: I was fingerprinted when I applied for certification in a different state. Can I use those fingerprints to satisfy the requirement?
A: Unfortunately, no, because they will not meet the required DPS format.
Q: Can I get fingerprinted at my local police station?
A: Unfortunately, no, because only digital fingerprints can be accepted by DPS for this purpose.
Q: I was absent the day that everyone else in my district
got fingerprinted. What should I do?
A: Many other locations and times will be available.
Q: Will I receive confirmation that my fingerprints have been received and processed?
A: You can log in to your SBEC Online account to confirm that your fingerprints have been received and processed.
Q: I have information in my criminal history stemming from a youthful indiscretion (such as writing a hot check or DWI). Will I lose my certification?
A: Each such situation has its own context and must be viewed on its own merits, so that it is really impossible to give a definitive response to any hypothetical question regarding potential sanctions. The age of the person at the time the offense was committed, the seriousness of the offense, and the amount of time that has elapsed since the person’s last criminal activity are always factors that are considered.
Q: I received deferred adjudication and was told that my record would be “expunged.” I completed my community supervision and the case was dismissed. Will anything be revealed in my criminal history?
A: That’s really a question that should be answered by your criminal attorney. It is the SBEC staff’s understanding that complete expunction is not usually available when you have received deferred adjudication.
Q: I received deferred adjudication for a minor misdemeanor offense. I am embarrassed about what I did and really don’t want people in the community to find out. Who is going to know about my criminal history?
A: The only part of an SBEC file that is normally available through an open records request is a final Board Order.
Q: I teach at a charter school. I am certified, but certification is not required to teach at my school. Do I have to get fingerprinted? Will I get an e-mail like everyone else, or is there a different process for charter schools?
A: Education Code §22.0832, enacted by SB 9, provides that all charter school employees who work in a position described in Education Code §12.1059 (teachers, librarians, educational aides, administrators and counselors) must be fingerprinted, whether or not they are certified. The process for these charter school employees will be similar to that for certified educators. A certified educator who teaches at a charter school will be fingerprinted at the same time as the other §12.1059 employees of the school.
Additional information on fingerprinting and criminal history background checks relating to certification is available on the SBEC website.
Web posted: 11/29/07 from The Classroom Teacher, Winter 2007
