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Teachers and Criminal Background Checks

The Legislature is considering something of a fix to the current expunction process as it applies to teachers.  In the past few years, teachers have had to submit to fingerprinting and background checks.  More than a few that I’ve represented called in a panic when they realized that the dismissals of charges that we were able to obtain didn’t shield them from background checks for arrest records.

As reported in the San Antonio Express-News, the teachers now have their lobbyists involved, claiming that teacher’s privacy rights and need for protection from identity theft should entitle teachers to what can only be called a Super-Duper Expunction, providing protections above those enjoyed by other citizens.  The news outlets don’t like the impingment on First Amendment Newspaper-type rights.

Sometime soon, the citizenry will catch wind of the sale of their criminal histories by the State of Texas to offshore entities beyond the reach of Texas expunction orders.  Then, we will watch another flurry of bills in the legislature.  But, the cow has left the barn on that problem, I’m afraid.

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