Criminal Background Check & State Requirements: Mental Health & Human Services

• Program: Mental Health & Human Services
• Pathway: Health Science

Information from the Licensed Chemical Dependency Counselor (LCDC) Handbook

You must undergo and pass the criminal background check for the State of Texas in order to receive certification as a LCDC Intern.

What do I report?

You are required to report fully any:

• Misdemeanor and felony charges
• Indictments
• Deferred adjudications
• Episodes of community supervision or probation
• Convictions

Failure to make full and accurate disclosure may be grounds for application denial or disciplinary action, including revocation a license, registration, or certification.

How might a criminal history affect my state license application?

Possible offenses are categorized by seriousness and time frame.

See below how offenses may or may not lead to denial of your application.

Prohibited Offenses

The LCDC Board will deny your application if your background check reveals any of the following:

• Capital offenses
• Sexual offenses involving a child victim
• Multiple counts of felony sexual offenses involving any adult victim
• Homicide—1st  degree

15-Year-Rule Offenses

The LCDC Board will deny your application if your background check reveals a conviction of any of the following within 15 years of the date of your application:

• Kidnapping
• Arson
• Homicide—lesser degrees
• Single-count felony sexual offense involving any adult victim
• Attempting to commit any of these crimes, as well as attempting to commit any of the crimes listed in the prohibited offenses

10-Year-Rule Offenses

The LCDC Board will deny your application if your background check reveals a conviction of any of the following within10 years of the date of your application:

• Any other felony offense not listed separately in the categories on this page that results in actual or potential physical harm to others or animals

5-Year-Rule Offenses

The LCDC Board will deny your application if your background check reveals a conviction of any of the following within5 years of the date of your application:

Exception: If—at the time of application proceedings—the conviction has been dismissed, and you have been discharged after having been placed on and completing community supervision following a deferred adjudication.

• Class A misdemeanor alcohol and drug offenses
• Class A misdemeanor offenses resulting in actual or potential physical harm to others or animals
• Felony alcohol and drug offenses
• All other felony offenses not already identified that do not result in actual or potential physical harm to others or animals

3-Year-Rule Offenses

The LCDC Board will deny your application if your background check reveals a conviction of any of the following within 3 years of the date of your application:

• Class B misdemeanor alcohol and drug offenses
• Class B misdemeanor offenses resulting in actual or potential physical harm to others or animals

Request for Criminal History Evaluation Letter

Per state law, you can request the LCDC Board run a “trial” criminal history evaluation before you officially apply for LCDC-Intern status.

If you are concerned about your background, you can request this evaluation to find out if your criminal history means you are not eligible to apply for LCDC-Intern status—before you enter a preparatory educational program or take a licensure exam.

The fee for this evaluation is $50.

How do I request this evaluation?

• Visit the Texas Health and Human Services: Licensed Chemical Dependency Counselor Program
• Go to the Resources box at the bottom of the page
• Go to the Criminal History Evaluation section
• Follow the instructions to submit your completed, signed, dated, and notarized request form

Contact

Updated October 17, 2024