Do I qualify for CHL with marijuana conviction?

[DanBar777]

In 1976 at the age of 19 I was arrested for a small amount of marijuana. I was a passenger in a car with some pot. I was no angel back then but in this case... it was not my car... and not my pot. It belonged to the other passenger and the driver.
I would handle it much different today being a grown man... but back then I was advised to go the deferred adjudication route. I was told that the charge would be dismissed after a 2 year probationary period. Today I'm not sure that any of that was true... but in any case I stayed out of trouble for those two years (and the 37 years since then).
If my memory serves me it was before misdemeanors were categorized as A, B and C. I asked about that once many years ago and was told that all misdemeanors from back then are all considered a misdemeanor C today... Now, after a little online research I have seen where minimal amounts of weed are a misdemeanor B (when less than two ounces). Back then I recall that the cut-off was actually 3 ounces. So somewhere the record may say "less than 3 ounces."
Anyway I have had no other trouble with the law before or since that single incident. Here's my concern... a few years back when I looked over the record online it clearly said "misdemeanor" (and I think it even mentioned less than 3 ounces) but now it doesn't say that anymore. The current TDPS record (that I just now paid to look at) just lists the Arrest Date and the Offense Code (35620000). It seems like every so often when they update the record online there is less and less information.
My first question is simply... will that Offense 3562000 (hopefully still considered a misdemeanor... whether A, B or C) prevent me from qualifying to get my CHL?
Sorry this is so long... but I have one other question /concern.
My wife, my son, my daughter and I all took the CHL Training Class together as a family. My wife and I are paying for my son and daughter's training and their CHL's so she gathered everyone's application info to submit it with her own. Here's the problem... she submitted mine as well and did not list my long forgotten criminal record. I don't know what to do. She says she will try to call (someone) and correct the oversight.
Meanwhile does anyone have any tips, advice or info on how I should handle that omission?
Thank you VERY much for any input that you may have.

[PBR]

as for not disclosing it on the app I am not sure on that but as for the charge itself you are good to go and it will not hinder you getting a chl. a friend had felony charge poss and got his chl, he also had deferred adjudication probation. he did have to get paperwork showing he completed it if i remember right though

[The Wall]

Definitely call them yourself. Not your wife. Otherwise they will think you're trying to pull a fast one. While your talking to them ask them about your charge classification. At least that's what I would do for starters.

[DanBar777]

Thanks PBR for that quick response.
That's encouraging... but I sure hope that I don't have to provide any documentation. I wouldn't know where to begin. That was way before computers and the internet.

[DanBar777]

Thanks The Wall.
That sounds like excellent advice. I appreciate it.
I just don't want them to think that I left it off intentionally and find out there are consequences such as a delay (or disqualification).

[The Wall]

I don't know how to go about it, but is there a way to run a criminal check on yourself? It would probably cost something I imagine. Maybe since it was so long ago it won't show up. Very interesting. Please let us know how it turns out.

[DanBar777]

I just went to TDPS site and paid for a Record Search (about $3.50) and the results are below.
Naturally for privacy reasons I left off name, height, weight, eye color, etc. but the rest is listed below.

ARREST DATE 9/28/1976 (1 CHARGE)
ARREST DETAIL
ARREST DATE 9/28/1976
SEQUENCE CODE A
ARRESTING AGENCY TX HARRIS CO CLK HOUSTON
ARREST DATE 9/28/1976 (CHARGE *001)
OFFENSE RECORD
ARREST OFFENSE MARIJUANA-POSSESS (35620000)
ARREST OFFENSE LITERAL POSS MARIJ

COURT STATUS A
COURT OFFENSE MARIJUANA-POSSESS (35620000)
COURT OFFENSE LITERAL POSS MARIJ
COURT DISPOSITION DEFERRED (312)
COURT PROBATION 2Y

And that is the whole report. Notice it doesn't say "misdemeanor" anymore.
So then I looked up the Offense Code 35620000... and there is no 35620000... what I found is listed below... those are ALL of the 3562's...

35500043 POSS DEL DRUG PARAPHERNALIA

35620008 POSS MARIJ <2OZ
35620009 POSS MARIJ >2OZ<=4OZ
35620010 POSS MARIJ >4OZ<=5LBS
35620011 POSS MARIJ >5LBS<=50LBS
35620012 POSS MARIJ >50LBS<=2,000LBS
35620013 POSS MARIJ >2,000LBS
35620018 POSS MARJ 4OZ<5LB DFZ IAT
35620019 POSS MARJ 2OZ<4OZ DFZ IAT
35620020 POSS MARJ <2OZ DFZ IAT

35640010 DEL MARIJ <= 1/4 OZ

Again that is ALL of the 3562's...

So...

35620008... less than 2 ounces (I had less than 1 ounce... but in 1976 the category was less than 3 ounces).
35620009... between 2 and 4 ounces (I guess this could be me since I was categorized as less than 3 ounces back then).
35620010... 4 ounces to 5 pounds
35620011... 5 pounds to 50 pounds

I also looked up the records at publicdata.com

[Jumping Frog]

Thanks PBR for that quick response.
That's encouraging... but I sure hope that I don't have to provide any documentation. I wouldn't know where to begin. That was way before computers and the internet.

You will need to contact the Harris County Clerk of Courts and ask for a certified copy of your case disposition. I'd start on it now, because the DPS typically asks for a copy.

[RPBrown]

Thanks PBR for that quick response.
That's encouraging... but I sure hope that I don't have to provide any documentation. I wouldn't know where to begin. That was way before computers and the internet.

You will need to contact the Harris County Clerk of Courts and ask for a certified copy of your case disposition. I'd start on it now, because the DPS typically asks for a copy.

, and when they say no records found, they should send you a letter stating such. Then send in the letter.

[Keith B]

You should be fine as a misdemeanor possession will only disqualify you for 5 years anyway. You are definitely past that time frame.

As stated, you need to disclose it on the application and get a certified copy of the disposition from the Harris County Court Clerk and include it with your application paperwork.

[The Wall]

I thought this may be interesting and useful information. I like they list the method used in each state.

http://www.criminaldefenselawyer.com/re ... alties.htm" onclick="window.open(this.href);return false;

[DanBar777]

Thanks to everyone for their input.
Update: I did call to report that my application had missing or incorrect information... regarding criminal background records.
They didn't seem very interested in the revelation or hearing about the corrections. They said they would send me a request if they needed anything further.
They never sent me anything or contacted me at all.
Then about a month ago I received my CHL.
I never had to provide a copy of the case disposition or anything else.
What a relief!
Thanks again everybody.

[locke_n_load]

Thanks to everyone for their input.
Update: I did call to report that my application had missing or incorrect information... regarding criminal background records.
They didn't seem very interested in the revelation or hearing about the corrections. They said they would send me a request if they needed anything further.
They never sent me anything or contacted me at all.
Then about a month ago I received my CHL.
I never had to provide a copy of the case disposition or anything else.
What a relief!
Thanks again everybody.

Congrats!

[Javier730]

Thanks to everyone for their input.
Update: I did call to report that my application had missing or incorrect information... regarding criminal background records.
They didn't seem very interested in the revelation or hearing about the corrections. They said they would send me a request if they needed anything further.
They never sent me anything or contacted me at all.
Then about a month ago I received my CHL.
I never had to provide a copy of the case disposition or anything else.
What a relief!
Thanks again everybody.

Awesome. What are you gonna carry?