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'C' Misdemeanor for "Curfew", I was arrested and held overnight. How does this affect Teacher Certification?

Austin, TX |

Class C Misdemeanor for "Entering Park After Curfew". This was my ONLY charge. I was ARRESTED for this and held overnight in city jail. Judge saw me in the morning and decided "Time Served", did not have to pay a fine.

Attorney Answers 2


Each teacher's criminal background is reviewed on a case by case basis. While the board could decide to revoke your certification for a class C misdemeanor such as entering a park after curfew I find it extremely unlikely.

Per Texas Education Code § 21.060 there are certain offenses that may result in suspension or revocation: (yours is not on the list)
• Conviction of a felony or misdemeanor involving moral turpitude;
• Conviction of a felony or misdemeanor involving a form of sexual or physical abuse of a minor or student or other illegal conduct in which the victim is a minor or student;
• Conviction of a felony involving the possession, transfer, sale, or distribution of or conspiracy to possess, transfer, sell, or distribute a controlled substance;
• Conviction of a felony or misdemeanor involving the illegal transfer, appropriation, or use of school district funds or other district property; or
• Conviction of a felony or misdemeanor involving an attempt by fraudulent or unauthorized means to obtain or alter a professional certificate or license issued by SBEC.

There are other offenses that make you ineligible to work in public schools per Texas Education Code § 22.085. (yours is not on this list)
• Conviction of the felony offenses enumerated in Title 5 of the Penal Code, if at the time the offense occurred, the victim was under 18 years of age or was enrolled in a public school. These offenses include generally, criminal homicide, kidnapping and unlawful restraint, trafficking of persons, sexual offenses and assaultive offenses.
• An offense on conviction of which a defendant is required to register as a sex offender, if at the time the offense occurred, the victim was under 18 years of age or was enrolled in a public school.
• An offense under the laws of another state or federal law that is equivalent to the previously listed offenses.

At the end of the day you are most likely not going to have a problem with your certification. Your employer may not like your conviction and could possibly fire you for it, but I don't think your certification will be pulled.

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Christopher Scott Mcham

Christopher Scott Mcham


On a side note I have worked with teachers that have gotten DWIs and retained their certification and I represented a young woman who had just graduated from college but not gotten certified who had a DWI and after she finished her probation she received her certification.


You need to speak to the Dept of Education....If it was a criminal conviction, you could lose your certificate.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Judge stated it was not criminal but a 'violation of city ordinance'. What does this mean for me in the future regarding teaching?

Joseph A Lo Piccolo

Joseph A Lo Piccolo


A violation should not be an issue. If you have a union, check the rules and look @ the state website on reporting requirements.

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