Criminal record

[bigmike12]

When I was under 21 but older than 17 I was arrested mutiple times on tickets that wetn to warrant because were never paid. Do i need to list those on my application even though they woudl nbot stop me from getting my license? If I do, how can i get a record of them all since they were in different cities?
I pulled records from Dallas County clerk and all she came up with was major offense of class b misdemeanor in 2001. I have the dispostion from that case but nothing on all the public intox and tickets from early on. I pulled FBI record also with my fingerprint and all it shows is the misdemeanor also. I also have had no trouble purchasing weapons.
Any comments or thoughts would help!

P.S. I have grown up and dont get tickets anymore-well at least I pay it if I get one!


BIG

[seamusTX]

You must list any arrests for which you were taken into custody and fingerprinted, and you must provide a disposition for each. If the clerk of the court in the county can't find a record (which is likely for class C misdemeanors), they can provide a letter stating that they have no record of your conviction.

DPS can find records that do not show up in standard background checks. If they find one that you did not disclose, they can deny your application. They might give you a chance to remedy the omission. I don't know for sure.

- Jim

[Salty1]

Openess and honesty are the best policy, they will find them and it is not worth the risk of getting denied.....

[KRM45]

Is there a reason you are asking this question again?

http://www.texasshooting.com/TexasCHL_F ... 57#p301261

I would have thought you would have submitted your application by now.

[seamusTX]

Good catch. Wrong URL.

http://www.texasshooting.com/TexasCHL_F ... 04&start=0" onclick="window.open(this.href);return false;

- Jim

[PappaGun]

I agree that openness and honesty are the best policy. My completed application took 6 months as I grew up out of state and had to provide documentation from 35 years ago from two other states. But I am confident that all information was disclosed, all documentation was provided and NOTHING can or will come back to bite me. It was too much work to do it over again or go through it for naught. Good luck.

[bigmike12]

Sorry, that was in January, completely forgot about that. I actually just filled out my packet online and paid the fee. Waiting for them to send it to me. I disclosed the misdemeanors and will give county clerk ltr showing no other charges. Thanks guys, will just see what happens!


BIG

[seamusTX]

Good luck.

- Jim

[casingpoint]

You must list any arrests for which you were taken into custody and fingerprinted, and you must provide a disposition for each.

What possible stake can the DPS have in your arrest record? Unless a conviction was obtained for each arrest, nothing is served. Convictions only are relevant. The current policy smacks of an assumption of guilt if arrested.

[roberts]

They require all applicants to list all arrests and provide information on the disposition. They also require listing work and home addresses for several years back. If you provide all the information, there's no presumption of guilt and no problem. If you lie or omit imformation, that's cause for denial. Listing arrests is no worse than listing addresses or alternate names and it's less invasive than requiring our socialism security number.

[seamusTX]

What possible stake can the DPS have in your arrest record? Unless a conviction was obtained for each arrest, nothing is served.

The current system makes life easier for DPS. You have to provide the disposition for any arrest record that they might find.

Probably the reason for this is that the charge for which a person is arrested is not necessarily the charge for which he is later convicted. For example, someone could be arrested for DWI and later charged with a felony drug offense because the police found a pound of pot in the car when they inventoried it.

I'm just guessing. I don't know why that particular requirement is in the law.

Changing it would require an act of the legislature. The requirement to list all arrests is GC 411.175(b)(7).

- Jim

[casingpoint]

someone could be arrested for DWI and later charged with a felony drug offense because the police found a pound of pot in the car when they inventoried it

When both convictions are reported by the applicant, the DPS will know about them. If there was no charge for the DWI, the fact there was an arrest made on that basis is not proof of DWI and should have no legal bearing on the application in a shall issue state. This is a bureaucracy run amuck.

[seamusTX]

This is a bureaucracy run amuck.

DPS is executing the law that was passed by the legislature in 1995 and signed into law by (IIRC) Governor George W. Bush.

- Jim

[casingpoint]

the legislature in 1995

Talk about something totally and completely run amuck.