Register a Guardianship
Criminal Background Check
Unauthorized disclosure of criminal history background information is a criminal offense under section 411.085, Government Code.
The type of background check conducted is based on the information provided on the guardianship registration application submitted by the proposed guardian.
All proposed guardians other than Texas attorneys, Texas certified guardians or corporate fiduciaries are subject to a criminal history background check.
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.
A proposed guardian may not be appointed guardian, or temporary guardian unless:
- the Commission has the criminal history records of the Department of Public Safety searched for the name and any former name of the proposed guardian if the value of the estimated liquid assets in the estate of the proposed ward is $50,000 or less; or
- the clerk of the court searches the fingerprints of the proposed guardian in the records of the Federal Bureau of Investigations if the proposed guardian is a resident of another jurisdiction or the value of the liquid assets of the proposed ward’s estate exceed $50,000.
Types of Background Checks Conducted
Name and Date of Birth Background Check.
No action is required of the proposed guardian on this type of 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.
Note: Applicants can confirm completion of background checks by clicking on the "View Details" link of their application under the "View Pending Online Applications" page of their online profile.
Fingerprint Based Background Check.
The proposed guardian is required to submit proof of completing this type of background check to the JBCC.
- 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.
- Per section 155.205 (b) of the Government Code, the JBCC is prohibited from conducting this type of background check; therefore, the county must instruct the proposed guardian on how to meet the fingerprint background requirement.
- Proposed guardians seeking to register guardianships with the JBCC must submit inquiries regarding the fingerprint-based background checks to the county clerk's office where the guardianship is to be filed for assistance.
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.
- 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.
- If you have any questions regarding the fingerprinting process, please reach out to the Texas Department of Public Safety's Fingerprinting Services Unit. Please refer to the materials previously provided to the courts by our Criminal History Specialist regarding how to get your county clerk set up to conduct the required background checks.
Contact the Criminal History Specialist
County Clerks, Attorney's, or Proposed Guardians, must email our Criminal History Specialist at jbccbackgroundspecialist@txcourts.gov:
- At least 10 days prior to the scheduled hearing date,
- If the court will not schedule a hearing prior to receiving the background check, or
- To submit proof of fingerprinting, after being fingerprinted following the county's instructions.