Denton County employees who have access to the statewide database of criminal records must go through more stringent background checks in order to keep their jobs.

County commissioners unanimously approved a public policy Tuesday that would place more stringent restrictions on current and future county employees’ access to the Texas Law Enforcement Telecommunication System, known as TLETS.

Under the new guidelines, employees will be fingerprinted and undergo a criminal background check to determine whe­ther they should have access to the system. If they do not, the employees will either have to be reassigned or fired because of rigid criteria set by the Department of Public Safety.

The new policy, which will take effect Jan. 1, would extend as far as custodians who clean areas that have access to TLETS or a worker who replaces a light bulb in an area with access to the system.

The county will have to undertake the cost of paying for the contracted workers to be fingerprinted and their criminal history searched, County Judge Mary Horn said.

“I think that it is way overboard,” Horn said about the policy. “We are not only talking about the convenience and cost, we are talking about peoples’ lives,” and the chance of them losing their livelihood, she said.

Despite Horn’s displeasure, the public policy had to be approved because DPS requires users to agree to the policy before receiving the new TLETS software.

Denton County, which is set to receive that software in 2008, will have to fingerprint and do criminal background checks on an estimated 350 employees to comply with the DPS rules for TLETS access.

The system allows users to view a person’s criminal background as well as personal information, such as Social Security numbers, which potentially could be used to steal someone’s identity.

Commissioner Ron Marchant questioned after Tuesday’s meeting whether residents would want a person with a criminal background to have access to their personal information. He said he didn’t have any problem with the policy other than the limits seemed unclear.

Horn said the county will comply with the policy, but she questioned whether it is too harsh.

“Somebody needs to step back and look at this and ask, ‘Why is it necessary?’” she said. “It might be, but they are going to have to show me.”

Horn said she didn’t know what impact the policy would have on current or future county employees, but there is a possibility some people might not pass the background check.

In some cases, the county can appeal to DPS to waive the suspension from access to the system, but in other instances, the employee would have to be reassigned or fired.

Horn said she would work to reassign the person before thinking about firing them.

“I don’t care if they have been here five minutes or five years,” she said. “It’s the right thing to do.”

DAN X. McGRAW can be reached at 940-566-6875. His e-mail address is dmcgraw@dentonrc.com .

The chart below shows the Department of Public Safety’s criteria for employees to have access to the Texas Law Enforcement Telecommunications System. Denton County commissioners are following the same criteria for county employees with access to TLETS.

New hires:

Felony conviction: No access, ever

• Felony deferred adjudication: No access, ever

• Class A misdemeanor conviction: No access, ever

• Class A misdemeanor deferred adjudication: No access, ever

• Class B Misdemeanor conviction: Disqualified for 10 years. If the conviction occurred between five and 10 years ago, the agency head may appeal to DPS for a waiver if there are mitigating circumstances.

• Class B misdemeanor deferred adjudication: Disqualified for 10 years. If the class B deferred adjudication was completed between five and 10 years ago, agency head may appeal to DPS for a waiver if there are mitigating circumstances.

• Indictment for any criminal offense: Disqualified until disposition.

Current employees:

Felony conviction: No access, ever

• Felony deferred adjudication: No access for 20 years

• Class A misdemeanor conviction: No access for 10 years

• Class A misdemeanor deferred adjudication: No access for term of deferral

• Class B Misdemeanor conviction: No access for 10 years. If the conviction that occurred between five and 10 years ago, the agency head may appeal to DPS for a waiver if there are mitigating circumstances.

• Class B misdemeanor deferred adjudication: No access for term of deferral

• Indictment for any criminal offense: No access until disposition

• Family violence conviction: No access, ever

SOURCE: Denton County Commissioners Court