The office of constable is one of the oldest in American local government, and it looks different depending on which state you are in. In some counties a constable is a sworn, armed peace officer who serves warrants and civil papers. In others the role has been folded into the sheriff’s office or stripped of law enforcement authority altogether. Because the job varies so much, the background screening that goes with it varies too. This guide covers how constables are chosen, what criminal history and certification rules commonly apply, and where a consumer reporting agency’s background check fits alongside the government’s own vetting.
What a constable actually does today
Constables survive as an active office mainly in states such as Texas, Pennsylvania, Tennessee and Vermont, though the exact duties and the method of selection are set state by state and sometimes county by county. In Texas, constables are elected precinct officers who are licensed peace officers with arrest authority, and they primarily serve civil process such as evictions, writs and subpoenas while also performing general law enforcement duties in many precincts. The duties of the office and the eligibility rules for the position are set out in Chapter 86 of the Texas Local Government Code.
In Pennsylvania, constables are elected row officers who are not classified as municipal police but who do carry limited law enforcement authority tied mainly to court orders, warrant service and election day duties. Pennsylvania requires constables to complete training and certification through the state’s Constable Education and Training Board before they may carry a firearm or perform most of the office’s statutory functions. Vermont and Tennessee also retain the office in some towns and counties, with Vermont constables elected at town meeting and often serving a largely civil or animal control role unless a town votes to give the position broader police powers.
Because the office can mean “armed peace officer” in one county and “unarmed civil process server” in the next, anyone hiring, appointing or screening a constable needs to start with the specific state statute and certifying agency, not a generic job description.
Election or appointment, then a background check
Most constables reach office by winning a local election, which means the vetting a private employer would normally do, such as pulling a full criminal history before extending an offer, does not happen before the person is on the ballot. The background check instead happens after the election, as a condition of being sworn in, bonded, certified to carry a firearm, or issued law enforcement credentials. A handful of jurisdictions appoint rather than elect, and in those counties the appointing body typically runs the background check before the appointment is finalized.
Either way, the check that actually controls whether someone can function in the office is usually run by the state certifying body or training commission, not by the voters and not by a private employer.
POST style certification and criminal history
States that give constables peace officer powers generally route certification through the same commission that licenses police officers, often called a POST (Peace Officer Standards and Training) body. In Texas, the Texas Commission on Law Enforcement sets the minimum standards for licensure, including background requirements that apply to constables along with other peace officer classifications, and it also sets continuing education and training hour requirements that licensees must maintain. A disqualifying criminal history, a dishonorable discharge, or failure to meet the agency’s moral character standards can bar licensure even after a person has already been elected.
Pennsylvania does not run constables through its municipal police academy system, but it does require certification through the Constable Education and Training Board, which is housed within the state’s criminal justice agency. That board sets the firearms and other training a constable must complete, and completion (or the lack of it) determines whether the constable may carry a weapon or exercise enforcement powers tied to the office.
Vermont similarly centralizes law enforcement certification, including background related eligibility, through the Vermont Criminal Justice Council rather than leaving it to each town. Tennessee licenses many categories of law enforcement and private security personnel through its POST commission housed in the state’s commerce and insurance department, and local constables who exercise any law enforcement function are generally expected to meet the applicable training and suitability standards set there.
The common thread across all four states is that the criminal history review is tied to the certifying or training board, not to a popular vote, and a criminal record that disqualifies a candidate under state law can keep an elected constable from ever being sworn in or authorized to carry a firearm.
Fingerprinting and how the records check runs
Where a constable is certified as a peace officer, the applicant is almost always fingerprinted so the certifying agency and relevant state police can run state and FBI criminal history checks before training or credentialing is approved. This is the same fingerprint based process used for other sworn law enforcement roles, and it is distinct from a name based search. Fingerprint checks catch records under past names or in other states that a name only search can miss, which is one reason certifying boards prefer them for any role carrying arrest power or firearms authority.
Firearms disqualifiers that apply to any constable who will carry
If a constable’s duties include carrying a firearm, federal law layers an additional screen on top of whatever the state certifying board requires. Federal law makes it unlawful for certain categories of people, including convicted felons, people subject to a qualifying domestic violence protective order, and people convicted of a qualifying misdemeanor crime of domestic violence, to ship, transport, possess or receive a firearm or ammunition, as set out in 18 U.S.C. 922. A state certification process cannot override that federal prohibition, and a certifying board’s background check is expected to screen for it as part of determining firearms eligibility. The implementing regulations that federal firearms licensees and agencies rely on to identify prohibited persons are published at 27 CFR 478.32.
| State | How constables are selected | Who certifies or screens | Firearms authority |
|---|---|---|---|
| Texas | Elected by precinct | Texas Commission on Law Enforcement licensure, including background standards | Licensed peace officer authority once certified |
| Pennsylvania | Elected row office | Constable Education and Training Board certification | Only after required firearms training is completed |
| Vermont | Elected at town meeting; some appointed | Vermont Criminal Justice Council training and certification | Varies by town vote and assigned duties |
| Tennessee | Varies by county; some elected, some folded into sheriff’s office | State POST Commission for personnel exercising law enforcement functions | Tied to POST certified status |
Where a consumer reporting agency’s check fits in
The fingerprint based criminal history check run by a state certifying board is a government record check, not a consumer report, and it is not governed by the Fair Credit Reporting Act. The FCRA applies when a consumer reporting agency assembles a background check and furnishes it to a third party, such as a county government verifying a candidate’s record through a vendor, or a municipality that contracts out part of its hiring screening. The federal regulation implementing the FCRA for most reporting purposes, Regulation V, sets out those consumer reporting agency obligations in detail. In that situation the entity using the report still owes the applicant standard FCRA obligations, including a clear standalone disclosure, written authorization, and pre-adverse and adverse action notice if the report factors into a decision not to seat, appoint, bond or retain the constable. A government agency pulling its own criminal history record directly through a state repository is not acting as a consumer reporting agency under that framework, but any outside vendor report layered on top of it generally is.
Because constable duties and certification differ so much by state, and because some counties have eliminated the elected office or reassigned its duties to the sheriff, anyone researching a specific jurisdiction should start with that state’s constable statute and its POST or certifying board rather than assuming the Texas, Pennsylvania, Vermont or Tennessee model applies elsewhere.
Frequently asked questions
Is a constable a law enforcement officer?
It depends on the state. In places like Texas, constables are licensed peace officers with arrest authority. In other states the office is limited to civil process service, animal control or election duties with no general police power, so the answer varies and should be checked against the specific state statute.
Do constables get fingerprinted?
Where a state certifies constables as peace officers or authorizes them to carry a firearm, fingerprint based state and FBI criminal history checks are typically required as part of that certification process.
Can someone with a felony conviction serve as constable?
A felony conviction, or certain misdemeanor convictions involving domestic violence, generally disqualifies a person from possessing a firearm under federal law, and most state certifying boards also treat a disqualifying criminal history as a bar to peace officer licensure. Being elected to the office does not override those restrictions.
Does the Fair Credit Reporting Act apply to a constable background check?
A government agency pulling its own criminal history record directly is not covered by the FCRA. The FCRA applies when a consumer reporting agency assembles and furnishes a background report to a government employer or certifying body, and the standard disclosure, authorization and adverse action duties would apply to that user of the report.
Why do some states not have constables anymore?
Many states eliminated the office or folded its duties into the sheriff’s department over the last century as professional policing expanded. Where the office still exists, its powers and the way it is filled come entirely from that state’s own statute, so there is no single national rule.
Who decides if a constable can carry a firearm?
That decision generally sits with the state certifying or training board responsible for the office, applied on top of the federal firearms disqualifiers that apply to everyone regardless of elected status.
See also our coroner background check guide and our bailiff background check requirements guide for how other elected and court connected public safety roles are screened. For employment and tenant background screening built around FCRA compliance, visit Reveal Background.
This article is general information, not legal advice. Constable duties, certification requirements and firearms rules vary by state and by county; consult the applicable state statute, certifying board or legal counsel for a specific jurisdiction.
