(a) A person who has been convicted of a felony is disqualified to be an officer, public security officer, telecommunicator, or county jailer, and the commission may not issue a license to, and a law enforcement agency may not appoint or employ, the person.
(b) For purposes of this section and § 1701.502, a person is convicted of a felony if a court enters an adjudication of guilt against the person on a felony offense under the laws of this or another state or the United States, regardless of whether:
(1) the sentence is subsequently probated and the person is discharged from community supervision;
(2) the accusation, complaint, information, or indictment against the person is dismissed and the person is released from all penalties and disabilities resulting from the offense; or
(3) the person is pardoned for the offense, unless the pardon is granted expressly for subsequent proof of innocence.

Terms Used In Texas Occupations Code 1701.312

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(c) The commission, on receipt of a certified copy of a court’s judgment under Article 42.011, Code of Criminal Procedure, shall note on the person’s licensing records the conviction or community supervision indicated by the judgment.

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