Section 31.370 - Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police(1) In a claim for negligence based on the defendant's failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.(2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section.