Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
by tbrown » Sat May 21, 2011 1:05 pm
If you don't tell the whole truth on those questions, DPS should reject your application based on the false statements. It's in the eligibility requirements.
(15) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174 or in a request for application submitted pursuant to Section 411.175.
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I guess I am not able to make myself clear. The language of the law is what we're after. If a felony has been sealed, that person is not required on ANY application. Read the actual language in this statute alone: You'll have to drop down to(g-2) (
http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;)
~ "A person whose criminal history record information has been sealed under this section is not required in any application for employment, information,
or licensing to state t
hat the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.
The application DOES tell you to list all charges or arrests but the above tells us that we may legally answer "no". In fact, the clarifying language (in parenthesis) says "regardless of pending or dismissed". The reason it didn't say "regardless if ....let's say Expunged or Sealed" is because it would represent a direct conflict in the law itself. In other words, the application isn’t going to ask you to list charges or arrests regardless if Sealed because it’s superfluous due to the fact that the question would lead you right back to (g-2) which clearly states the words “ANY application for licensing that you’ve been involved with any criminal proceeding related to the information that is the subject of an order issued under this section.
ReadyRock sent in an additional form which is just fine….nothing wrong with that at all. In fact, had he answered “NO” to the question, DPS would still delay the application and that person would get a letter in the mail wanting official proof that the record had indeed been sealed and/or a certified or official background check from your county clerk’s office that basically states a background check has been done and it’s clean and clear of any crimes etc. Why would They go through those extra steps since it was sealed……. Because they are NOT able to see the outcome without an order from the judge (which wouldn’t happen unless another crime was committed). What they DO see on your background check is that you had a charge and even the date it was entered into the system but they have no access to the final disposition without a court order. Even the person whose record has been sealed will not be issued this information. You Yourself cannot get that info so instead you turn in the document stating that there is nothing on the background check.
Is this a lie? According to all of us it is but according to the law it isn’t because you have been “forgiven”. Believe it or not, our laws used to follow the constitution whose basic laws (including forgiveness) came from a Christian bible. In God’s eyes, if you repent and sin no more, your sin will not be held against you. I’m not trying to get all Jesusy (in case any are offended), I’m just trying to explain why a crime that DID happen has now NOT happened. All your rights are restored to without limitation.
One more thing. The people at DPS are good people and CAN and WILL do everything within the confines of the law to get you a license. That’s what they’re there for. Material Misrepresentation is when you have something to cover up and you lie. There are too many examples of misrepresentation to list but telling the truth, as provided to you by law is not a lie. Worst case scenario is that the person with a sealed record will be a little inconvenienced. The same thing happens with firearm purchases….there will be a delay from NICS and the person with a sealed record will most likely have to wait 3 business days for a non-response. Meaning they don’t say yes or no. When a person gets his or her CHL, they won’t have to worry about that 3 day waiting period nor will they FFL dealer even do a background check.
This may or may not be old news to you: “The first TSRA-backed bill to be filed is SB 321 by Katy Senator Glenn Hegar, Jr. SB 321 protects the jobs of employees who wish to have a firearm in their vehicle when parked on their employer's parking lot.
The language includes CHLs; but goes beyond to include all legally owned and possessed firearms for hunters, competitors, youth coaches or those carrying a handgun in their vehicle for personal protection but without a license.
The firearm must stay in the vehicle when on the parking lot as the law does not extend to outside the personal, locked vehicle.
https://www.tsra.com/index.php?option=c ... Itemid=113" onclick="window.open(this.href);return false;