Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Would a DUI conviction 8-10 years ago prevent me from obtaining

a Texas license to operate...
Would a DUI conviction 8-10 years ago prevent me from obtaining a Texas license to operate an Elder/In Home Care Agency?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
1/2/2010
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Verified

I'm a licensed attorney and I believe I can provide some assistance. However, I need a point clarified first....

 

Are you looking to obtain the license?

 

OR

 

Do you already have the license and you are now looking for employment?

 

Thanks!

Ask Your Own Criminal Law Question
Customer reply replied 8 years ago

I'm looking to obtain a license. I'm considering an elder care franchise but need to know if I would be ineligible for a license. Below is the statute that is referred to in the licensing requirements:

Texas Department of Aging and Disability Services
Criminal Convictions Barring Facility Licensure
Revision: 09-0

§99.1 Definitions

Thank you for the additional information. There is no need to respond to this post, I'll be back when I have some answers for you.

 

Thank you for your patience.

Ask Your Own Criminal Law Question

I researched the statute and I've got good news, your old DUI conviction is not a problem!

 

As you indicated, Chapter 99 deals with the Texas Department of Aging and Disability Service (DADS). Chapter 99.1 includes definitions and 99.2 discusses Convictions Barring Licensure.

 

Within 99.2, the statute lists convictions that "may" prevent you from obtaining a license to work in a facility providing care for the elderly. While it lists about 18 different offenses, DUI is NOT one of them. Additionally, even if it were listed, the statute indicates that a person "may" be denied a license. So, a person with a listed conviction could still argue for a license, perhaps based on the age of the conviction or that it was there only conviction.

 

Ask Your Own Criminal Law Question
Customer reply replied 8 years ago
Yes. I agree that the statute doesn't mention alcohol specifically but it does mention convictions related to "drugs, dangerous drugs, and controlled substances". Does alcohol fall into that category?

The short answer is no. As to the long answer...

 

I think we can all agree that alcohol would not fall under the categories of "dangerous drug" or "controlled substance". That leaves "drugs" as the only possibility. While there are compelling reasons to consider alcohol a drug, I do not believe it applies here.

 

First, the Texas statutes dealing with drugs do not list alcohol. Additionally, it would have been quite easy for the legislature to add the word "alcohol" to the statute if they wanted it there. This simple addition would have made the statute clear and unambiguous on its face, as the legislature desires. Since it isn't there, the only logical conclusion is that they did NOT intend alcohol to be considered.

 

Also, assuming you read the entire list, you will surely agree that the listed charges are more serious than DUI; inducing gang membership, tampering with consumer products, leaving a child in a vehicle, stalking, dog fighting, compelling prostitution, to name a few.

 

And, even if I were incorrect, one could still argue that the "may deny" a license language still permits discretion. With the charge being relatively non-serious, just a misdemeanor, and so old, 8 to 10 years ago, I simply can't see you being denied over this.

 

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Verified
Joseph and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
7,280 Satisfied Customers
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was just wondering about prostitution law. How common is
Hello, I was just wondering about prostitution law. How common is it for law enforcement to pursue a case of someone soliciting/patronizing an escort for sex, days or weeks, months, even years before … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was convicted of 3 misdemeanors, but have not been tried
Hi I was convicted of 3 misdemeanors, but have not been tried yet... I would like to travel to UK for 50the B-day and would be back by 2/20 for my court date. Is this possible... I know how hard it is… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
I live in the state of or this is for a law criminal lawyer.
I live in the state of Virginia or this is for a Virginia law criminal lawyer. A neighbor called the police in April of 2016 as she thought I was too noisy. She moved out in September of 2016. She and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I got charged with a misdemeanor possesion of drug
i got charged with a misdemeanor possesion of drug paraphernalia. I got it dismissed. how hard is it to get it explunged in illinoise and how long does it take?i … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
In a prostitution sting operation is this evidence is enough
In a prostitution sting operation is this evidence is enough to prove the convicton? Below is the conversation2017-12-15 22:54 PST - You : Hello dear2017-12-15 22:55 PST - +15109535534 : Hi sweetie!20… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
There was a prostitution bust at a local massage parlor. The
There was a prostitution bust at a local massage parlor. The owner had been recording some of the sex acts. Could the men who were recorded get charged?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
How can you expunge a misdemeanor conviction in pennsylvania
how can you expunge a misdemeanor conviction in pennsylvania for a minor domestiv violence incidnet where the father in law and boy friend came to grappling with each other no one was hurt. the old ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
I was arrested in August and got a misdemeanor then. In
Hi. I was arrested in August and got a misdemeanor then. In November I was arrested again. I had ten charges (using a fake licenses and grand theft) 3rd felony degree . On the next after releasing fro… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
It began with a misdemeanor d.u.i. in Nevada 2011, no
Hello it began with a misdemeanor d.u.i. in Nevada 2011, no accident,non violent, non drug. Because of policy change in 2010 my charge was changed to a felony in 2012.I am dual citizen with now a curr… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
Would a misdemeanor from 1991 in California show in my
Hi! Would a misdemeanor from 1991 in California show in my livescan report? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have an ex who I caught prostituting herself for pills and
I have an ex who I caught prostituting herself for pills and took screen shots of the act/acts and sent the information to her new boyfriend and a couple of other guys she has been using, now she is t… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
I am charged with loitering for prostitution in city of
Hi, I am charged with loitering for prostitution in city of Doraville, ga. can I bind it over to state court for a jury trail? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was
Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Couns… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x