Register a Guardianship

Criminal Background Check

Criminal History FAQ's

All proposed guardians other than Texas attorneys, Texas certified guardians or corporate fiduciaries are subject to a criminal history background check. The type of background check conducted is based on the information provided on the guardianship registration form submitted by the proposed guardian.

• The background check must be delivered to the court at least 10 days before the hearing date on the application for guardianship – please allow sufficient time for processing before the hearing date (it could take up to two weeks).
• 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. 

Types of Background Checks Conducted by the JBCC

Name and date of birth background check.

• This is conducted if the value of the liquid assets of the proposed ward’s estate is $50,000 or less.
• The JBCC will send the results to the probate clerk.

Fingerprint based background check.

• This is conducted if the value of the liquid assets of the proposed ward’s estate exceeds $50,000, or if an applicant resides out-of-state or out-of-country.
• Once the guardianship registration information is received, the JBCC will send an email to the proposed guardian with a service code and instructions for the proposed guardian to obtain digital fingerprints.
• After receiving the email and instructions the proposed guardian will schedule an appointment to have the digital fingerprints taken.
• The JBCC will send the results of the background check to the probate clerk.

Courts and Clerks

Criminal History Background Resource for 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.