Applying while under Deffered Disposition

[Razz]

Howdy everyone,

I'm a college student quickly coming up on my 21st birthday in July. Unfortunately at the end of March I was stupid and got charged with an MIP. I'm currently under deferred disposition for this offense. I've met all the terms and just have to keep my hands clean until the end of the 6 month probationary period in September where I can have it expunged.

My question is whether or not I should go ahead and start the process now and have everything ready to submit on my 21st birthday or wait until September when all of the MIP stuff is cleared away. Would it matter? Would I have to disclose this on the form?

[Jumping Frog]

I see it is your first post, so WELCOME.

If I recall correctly, an MIP is a Class C misdemeanor. That means it does not disqualify you from a CHL.

Go ahead an apply now. I don't know if your circumstance qualifies as an "arrest" or not (were you taken into custody, fingerprinted, etc.?) Either way, I'd be sure to disclose it on the CHL application. It is easier to provide information that they do not need than find yourself in trouble for failing to provide information they required.

If I am wrong, someone will be along shortly to correct me.

[Razz]

Thanks for the reply, happy to be here.

That was my line of thinking the only area of concern in disclosing it on the application would be if the application was something that could come up in subsequent checks.

Since I'm having it deferred and then expunged there will be no record of it on that end and I'm a little wary of it coming up on the other end.

[infoman]

You should wait until it's expunged before you apply. I would also send in your expungement documents w your application materials at the same time.

[Jumping Frog]

You should wait until it's expunged before you apply. I would also send in your expungement documents w your application materials at the same time.

Why?

Sincerely, I'd like to understand your thought process behind the recommendation. Why should he wait for a Class C to be expunged?

[Charles L. Cotton]

You should wait until it's expunged before you apply. I would also send in your expungement documents w your application materials at the same time.

MIP is a Class C as already noted and it won't impact your eligibility.

Chas.

[Razz]

Another question: Is this application held as a record? If I apply before it was expunged, so I have to disclose it, and then have it expunged, can it pop up on a background check later on?

[bizarrenormality]

Another question: Is this application held as a record? If I apply before it was expunged, so I have to disclose it, and then have it expunged, can it pop up on a background check later on?

It's easier for an employer to see your forum posts than your CHL application. Just saying.

[Jumping Frog]

Another question: Is this application held as a record? If I apply before it was expunged, so I have to disclose it, and then have it expunged, can it pop up on a background check later on?

CHL records cannot be disclosed except within law enforcement on law enforcement matters. It will not appear on any employer-related "background checks".

[RX8er]

You are looking for GC §411.192

GC §411.192
The department shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual named in a specified list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual’s name, date of birth, gender, race, zip code, telephone number, email address, and internet website address.
Except as provided by § 411.193, all other records under the subchapter are confidential and are not subject to mandatory disclosure under the open records law.