My application was returned once back in August because I left off a date for one of my previous addresses. No problem. I corrected it and sent it off again.
Now, I get another letter stating that my application cannot be processed because I neglected to tell them about an arrest, or failed to provide documentation in regards to the arrest. I DID put all of the information in regards to my arrest on the application. Here's the rub on the arrest. When I was 18 (I'm over 40 now) my brother and I rode a dirt bike through the woods to my mothers house for Thanksgiving day. Later that night we tried driving through the woods to get home-but we kept crashing into trees as we had no headlight on the bike. My brother was driving, I was just the guilty passenger on the back. Anyway, he decides to ride on the lighted side walks beside the road-no we were NOT on the roads-to get us home. Well, along the way, we pass a parked police car. As soon as we pass the car, the lights come on and it's obvious he is coming for us. Bear in mind this is Thanksgiving evening and my belly is full of turkey, and I am cold as we had not planned on being out that late. The cop car gives chase, my brother takes off ignoring my pleas to stop, or let me off. Eventually my brother-being a nice guy (already had felony convictions on his record) decides that we are too much weight to outrun the cops-he simply shoves me off the back of the bike. Nice right? Wait, it gets better. Then the cop car, which barely misses running me over, screeches to a stop, the cop gets out and comes charging at me like I am going to run or something. I'm sitting on my duff, scraped up from landing on the concrete sidewalk, and the cop proceeds to beat the living crap out of me. He never spoke to me, he just came running up to me and began bashing me about the head and body with his baton. Well, I did what I could-I rolled up in a ball and took the beating like a man. Eventually he got tired of beating on me, and his partner jumps on top of me with both knees drilling into my now cut, scraped, bleeding & sore back. Handcuffs me, and throws me in the car. Here's the best part-I was charged with RESISTING ARREST. Yep. I spent Thanksgiving night in jail. I told the nurse at the police station that I wanted to file charges against the officer for assault. She took my statement but warned me that if I went through with it, that it would be very "bad" for me. Since I had already taken a good beating for no apparent reason, I told her that I wanted charges filed against the officer. Well, next morning when I am supposed to go before the judge, they pull me out of the cell and take me into an interview room. The guy asks me what happened. I tell him verbatim. He says to me that I have a choice-I can plead "No Contest" drop the charges against the officer and walk out of there right then with no criminal record.. OR, I can press charges against the officer, I would remain in jail until arraignment, would have to hire an attorney, yada, yada, yada... So, being young, dumb, and eager to get out of jail-I took the deal. Every time I have been asked on job applications about my criminal history, I always put that I was charged with "Resisting Arrest" for fear that if I did not, and something came up-that I would be disqualified.
Fast forward to now, I DID put that I was arrested for resisting, but apparently Texas can't find any record of it, and now that I opened my mouth, it is up to me to prove to the state that I don't have a record!
What would you guys do? I already sent off for a certified copy of my criminal history from the state where all of this took place (not Texas). Hopefully it will come back and have no record on it.
Otherwise, if it does appear on my record, will this disqualify me for getting my CHL?
I also wonder why when they sent the application back to me the first time, they did not mention it to me at that time.
Sorry for the length of the post I am just stressing out about getting this license. I almost feel like a criminal for trying to get a license in the first place. I have had NO other problems in my life with police, except traffic infractions, since that one case. Looking back, I should have hired an attorney and fought it tooth and nail. What does the law saw about passengers in a car if the driver refuses to stop? They kept telling me that because my brother did not stop, that is why I was being charged with resisting arrest. I told them I had no choice in the matter! It didn't matter. I was just a fool kid, and they were the law, and now all of these years later my back side is sore all over again and this may take longer to heal than the first time.
