Register a Guardianship
Criminal Background Check
All proposed guardians other than attorneys, certified guardians or corporate fiduciaries are subject to a criminal history background check. If the value of the liquid assets of the proposed ward’s estate is $50,000 or less, the JBCC will initiate and conduct a name and date of birth criminal history search based on the information provided in the guardianship registration information. The JBCC will send the results to the probate clerk.
If the value of the liquid assets of the proposed ward’s estate exceeds $50,000, a digital fingerprint background check must be completed. Once the guardianship registration information is received, the JBCC will send an email to the proposed guardian with service code and instructions for the proposed guardian to obtain digital fingerprints through Texas Department of Public Safety (DPS). After receiving the email and instructions the proposed guardian will schedule an appointment to have the digital fingerprints taken with DPS. The JBCC will send the results of the DPS digital fingerprint search to the probate clerk. If an applicant is from out-of-state or out-of-country, a digital fingerprint background check must be completed regardless of the ward's estate value.
- The background check must be delivered to the court at least 10 days before the hearing on the application for guardianship – please allow sufficient time for processing before the hearing date (it could take up to two weeks).
- The method for obtaining a criminal history record depends on the assets of the ward's estate.
- Please be aware that we must have a registration form from you before we can provide the instructions, service code and disclosure language that is required to make your fingerprinting appointment.
- Please do not rely on information or forms that you receive from a source other than the JBCC and its staff. Doing so may result in your having to be re-fingerprinted, and thus delays in processing your registration.
Courts and Clerks
- Any criminal history record information is confidential and will be provided only to the clerk and the court with probate jurisdiction for authorized purposes and not to be placed in the file or record of the guardianship.
- The JBCC and clerk of the Court in which a guardianship application is pending must notify the applicant/proposed guardian and their attorney of the criminal background check requirement.