Can You Be a Teacher with a Felony?

Michelle Wilson - October 1, 2023

A teacher holds a lot of responsibility, especially concerning children’s safety throughout the day. These individuals must have a valid background check before interacting with the children to ensure they hold the proper qualifications and uphold decent moral character to perform their duties. Currently, specific states have individual guidelines on hiring practices for teachers with criminal activities. Several states will prohibit individuals from obtaining a licensure if they hold particular convictions. A school district failing to screen its staff adequately puts youth at risk, potentially hiring underqualified and unfit individuals.

Who Should Receive a Background Check?

It isn’t only teachers that should receive a background screening before working with children. Anyone in a position interacting with youngsters should always include a pre-employment check. Jobs requiring the background report may include the following:

• Teacher’s aides
• School bus drivers
• Cafeteria employees
• Volunteers
• Janitorial staff
• Administrators
• School Nurses
• School guidance counselors

Understanding a Teacher’s Background Check

As a prospective teacher, all pre-employment screening must comply with state and federal laws. These laws may vary according to location but include the following requirements:

Fair Credit Reporting Act (FCRA)

The Fair Credit Credit Reporting Act protects consumers’ privacy when reporting agencies (CRAs) attempt to collect, retain, or disseminate employment background information for employment purposes.

Under the FCRA guidelines, CRAs can’t report the following types of details when older than seven years for positions paying less than $75,000 annually. Prohibited information includes:

– Arrests not resulting in convictions

– Liens and bankruptcies

– Civil judgments and lawsuits

Background Check Limitations

All limitations don’t apply for a position over $75,000 or more. The FCRA holds no restrictions on reporting convictions, reporting regardless of age. Likewise, the FCRA doesn’t restrict other critical background information for educators. Reportable information for teachers includes the following details:

– Education History

– Employment history

– Licensure

– Certifications and qualifications

– Abuse and neglect registry information

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Act of 1964 (Title VII) prevents workplace discrimination using an applicant’s protected characteristics. The guidance of the Equal Employment Opportunity Commission (EEOC) expects employers to individually assess an applicant’s criminal convictions as they directly relate to specific duties of the position.

Many states within the United States automatically prevent teachers from obtaining a teaching licensure with specific criminal convictions.

Teaching Background Check Laws According to States

Specific laws governing a teaching background check will vary according to the state; however, many will require a prospective teacher to undergo extensive background checks before working with children. Let’s take a look at a few specific states with varying regulations:

Texas

In 2007, Texas legislators passed Senate Bill 9, requiring all private and public schools to perform fingerprint criminal background checks on applicants applying for the following positions:

– Contractors having direct contact with students

– Student teachers

– Certified teachers

– Substitute teachers and aides, regardless of certification

– All employees with service agreements with schools performing work when students are present

– Noncertified employees

Prohibited Criminal Activity for Texas

Texas currently prohibits teachers with the following types of convictions:

– Any felony drug conviction

– Criminal kidnapping, homicide, trafficking, assaults, and sexual offenses

– Any misdemeanor or felony convictions for crimes of moral turpitude, involving minors, or misappropriation of school property or funds

New York

New York uses 8 CRR-NY 87.4(a) to fingerprint anyone wanting to receive a clearance for teaching positions from the state. Should the state determine an applicant has previous criminal activity or pending criminal matters, it reviews each action related to the position’s duties under N.Y. Corr. Law 752-753. If they deny clearance, you may not work as an educator.

California

California also requires public or private school employees to receive a fingerprint criminal background check. The Cal. Educ. Code 44237 mandates all applicants submit two sets of fingerprints to the California Department of Justice. 

Additionally, the California Education Omnibus Bill Trailer Act (AB 130) mandates any contractor working within a school must submit a fingerprint background screening if the employee interacts with students. Finally, any prospective teacher must submit fingerprints to the Department of Justice.

Prohibited Criminal Activity for California

California currently prohibits an applicant with the following convictions (unless they hold certificates showing rehabilitation or pardons):

– Any violent felony, according to Cal. Pen. Code § 667.5

– Any serious felony, according to Cal. Pen. Code § 1192.7

These two statutes list numerous crimes barring an individual from teaching within the state. They serve as an automatic disqualification for anyone wanting to pursue an education-focused career.

What Appears on a Teaching Background Check?

The criminal background check information will vary according to the prospective employer. Typically, a school employer will request the following information from all applicants:

– Drug testing

– Criminal convictions

– Professional license and credential checks

– Education History

– Employment verification

Criminal Background Check Information

On the criminal background check for employment, employers will see all details relating to the offense. These details will include:

– Offense type and level (misdemeanor or felony)

– Offense and disposition date

– Sentence information

Professional License and Credential Checks

If an employer requests a professional license verification, they’ll see the following details:

– Licence type and issuance date

– Any sanctions and disciplinary actions

– Issuance date and validity of license

– Expiration date of the license

Employment Verification

The employment verification of the background report will highlight details for all previous positions, including the employer’s name, contact details, employment dates, and positions held.

Education Verification

The education verification report indicates all post-secondary details about an applicant, including the name and address of the institution, attendance dates, diplomas, certificates, or degrees obtained.

What Can Disqualify an Individual from Being a Teacher?

Several factors can disqualify someone from becoming a teacher. The laws will vary according to state but will often include the following convictions:

Serious Felonies

Anyone applying for certification or renewing their current license will likely be disqualified if they hold a serious conviction. These felonies may include manslaughter, murder, burglary, and grand theft.

Convictions Against Others

Anyone convicted of “person crimes endangering others” will likely be ineligible for all teacher certifications. Examples of these convictions could include the following:

– Stalking

– Kidnapping

– Domestic violence

– Aggravated assault or batteries

– Weapons convictions

Conclusion

Although having a criminal record will make the application process more difficult, many individuals can become teachers despite their history. Anyone interested in the education industry should consider whether the conviction is a disqualifying offense under state law, whether you can provide proof of rehabilitation, whether the history was pardoned or expunged, and the age of your conviction. While many states allow people with some convictions to achieve a teacher’s license, evidence of rehabilitation is often required. Always check your state’s rules and regulations before applying for your teacher’s license if you have any concerns.