Requesting an Appeal of a CCL Background Check

As specified in 40 TAC §745.641, the subject of a Child Care Licensing background check may dispute the accuracy or completeness of the information contained in the background check results.

If you feel your background check results included history that you believe does not belong to you, please see "What can I do if I don't believe that the criminal background check results provided are really mine?" on the CCL Background Check FAQs – General Licensing page.

There may be times when background check results reviewed and processed by the Centralized Background Check Unit do not include complete information about the case. Often, arrest or investigation history is reflected immediately, but because a case might take time for a disposition to be made, the final result of the arrest or investigation may not have been available for the Centralized Background Check Unit to review at the time the background check request was made.

Criminal History

If you feel that criminal history results belong to you but does not include complete information, such as final court dispositions like dismissals, or contains an error, such as an incorrect charge, please contact your Centralized Background Check Unit representative. Your Centralized Background Check Unit representative will need a copy of the official court record to confirm the correct charge and disposition. If you need assistance locating the correct court to request a copy of an official court record, you may contact your Centralized Background Check Unit representative for assistance.

Central Registry

If you feel that central registry results belong to you but that the finding is incorrect, please contact your Centralized Background Check Unit representative for assistance. Please note that a case being closed does not determine whether a finding was confirmed or validated by Department of Family and Protective Services.

In cases in which Child Protective Services, Child Care Licensing, or Adult Protective Services documented your role as a designated perpetrator of abuse or neglect, the Centralized Background Check Unit will send you a letter offering an opportunity to request due process for the finding from the State Office of Administrative Hearings (SOAH), if you have not already been provided with the opportunity. In cases in which your role is documented as a sustained perpetrator, you were previously offered this opportunity to request due process and the finding was upheld by an administrative law judge, or you waived your opportunity.

You may refer to the chart in 40 TAC §745.657 to determine if a designated or sustained finding of particular types of abuse or neglect will affect your ability to be present at an operation.

Out-of-State Criminal History or Child Abuse and Neglect Registry Checks

Because Out-of-State findings are managed by agencies outside of Texas, you must contact the applicable agency that provided you with the results to dispute any information contained within them.

You may refer to the information Criminal Background Check Contact List for contact information for the agencies that handle these types of checks in States outside of Texas.

Sex Offender Status

If you feel you are incorrectly listed on a Sex Offender Registry, please contact your Centralized Background Check Unit representative. You may be asked to provide a copy of your identification, or asked to provide copies of court records searches, or copies of court documents in order to verify your status.

Requesting a Review of a Licensing Background Check Determination

In order to have a background check determination reviewed, a request must be submitted by the subject of the background check.

The request must be submitted in writing (but may be sent by email) and include:

  1. The name of the subject of the background check,
  2. The date of the background check determination,
  3. The reason a review is being requested, and
  4. Any new information regarding the background check results that was not available when the determination was made.

A review of a determination may be requested any time new information about the background check results has been made available. An example of new information is a court issuing a final disposition on a criminal charge. If no new information about the background check results is available, then the request for a review must be submitted within 30 days of the date of the background check determination being made.

If new information about the subject's background check results are available and the subject is currently under a provisional background check determination, a formal review request is not necessary, and the new information can be submitted directly to the Centralized Background Check Unit representative for processing.