Letter from DPS

[specops72]

Today, after about 70 days since I sent in my CHL application, I recieved a letter from DPS stating that my application..........

"is delayed due to a possibly disqualifying arrest for which you did not report complete disposition information as required by Government Code 411.174(b)(7). "

At the recommendation of my CHL Instructor I completely listed the exact details about my 12/20/1989 arrest, as listed on the DPS criminal history search, on my application......... A class "B" misdemeanor charge for issue of a bad check.. the disposition listed is "311 (convicted of a lesser charge)", disposition date 5/30/1991. It was deferred adjudication, $200 fine, and $135 court cost.

The letter I received is requesting certified copy of the judgment and sentence, for my 04/02/1991 arrest......I was arrested one time and it was in 1989, not 1991.....I was never even in Williamson county in 1991, I lived in Waco.....and the date they have for the arrest in the letter is the same day as my birthday ( I think I'd remember being arrested on my birthday)

My questions are:

Where and how do I go about getting certified copies of the correct arrest?

Should I call DPS. and find out why they have an arrest date of 04/02/1991, before I submit certified copies?....just to make sure theirs not some mistake that will delay me even longer.

Can this class B misdemeanor, 18 1/2 yrs ago really disqualify me from getting my CHL?

I hope all of this made sense........I'm a little frustrated that an arrest for a bad check 18 1/2 yrs ago is still haunting me.

Thanks in advance for your suggestions...

[boomerang]

I would call DPS and get more details on the 1991 incident, especially if you have a common name.

Usually you can get the disposition from the courthouse but a lot of records go missing in 20 years.

[Crossfire]

If I understand, you did not send certifed copies of the disposition for the bad check charge? If that is correct, then that is what they are asking for. The technician just typed the information incorrectly.

This is NOT a disqualifying offense after this period of time. You just need to contact the criminal court clerk in the county where you were processed, and get that disposition paperwork.

If I misunderstood you, and you DID send in your paperwork, then you need to call DPS to find out what the mix-up is about the arrest they have attached to your file, that apparently is not yours.

[specops72]

Crossfire.......You are correct, I did not send certified copies of the arrest. I guess that was my mistake.

When I took the class, I brought a copy of the arrest record to the class, and specifically asked the instructor if I need to list this arrest and do I need to provide any information along with the description. His answer was to list the offense in full detail as it appears on the copy I had and that was all I needed to do. He made it sound as if it was a fairly insignificant detail because of the disposition and it's age........My fault, I should have know better or researched it further.

A typo makes sense regarding the date in their letter.......I hope your right.

Thanks for the response....I'm breathing a little easier......

[dukalmighty]

I had a similar problem I noted the arrest but didn't include certified copies of disposition of the case after submitting appropriate documents my license was issued

[jonathan1173]

I received letter from DPS stating the same thing. I listed the offense on my application, but did not attach copies of dispositions. One was a class B from 16 years ago in which I obtained a copy through County District Clerk. The other was a class C in which I had to go to the JP court handing such case. I was not arrested on either case, but still listed it. After spending all day gathering paperwork, I sent in last wee, on the 90th day since submitting application. Anyone know how long they take to process after receiving copies of disposition?

[M9FAN]

If I understand, you did not send certifed copies of the disposition for the bad check charge? If that is correct, then that is what they are asking for. The technician just typed the information incorrectly.

This is NOT a disqualifying offense after this period of time. You just need to contact the criminal court clerk in the county where you were processed, and get that disposition paperwork.

If I misunderstood you, and you DID send in your paperwork, then you need to call DPS to find out what the mix-up is about the arrest they have attached to your file, that apparently is not yours.

+1 I received a similar letter and had to do the same thing. Get your disposition paperwork submitted to DPS and everything should work out fine; it did for me!

[pedalman]

I'm not trying to sound smug, but I'm glad I have never been arrested in my entire life. It can sure create delays in the application process.

A side note to the people who don't like CHL in Texas, because they think it is too easy to get:
See? Texas doesn't hand out these licenses like lollipops! It can actually be a hassle for Texas CHL applicants. (who are law-abiding and going through the legal process)

[specops72]

Monday morning update....

I just got off the phone , with Melinda who is handling my application. According to her, they are claiming that I was arrested twice.....this is the cause or has caused the discrepancy of dates between the actual arrest date and the arrest date on the letter I received.

She was very helpful, and seemed concerned that their is an error in the "system".

She said that she would contact the courthouse and get the details of the arrest herself, and if it all matches what I have listed, there will be no need to get any further documentation.

She was going to call the courthouse after I got off the phone with her, and will let me know the outcome shortly.


We'll see how it goes.....



UPDATE>>>>>>>>>Monday afternoon .......

Melinda called me back and said that the "legal department" review the information and determined that I had only been arrested once.

She apologized for the delay and said my application is now approved, license active, and she will send my license out this afternoon or tomorrow.

[NcongruNt]

Congratulations!

Now for the long wait by the mailbox...

[srothstein]

If I may, I recommend you write a short letter to the head of the CHL department. After all of our complaining about the time it takes, we need to recognize when we get good customer service and commend them for the good stuff. Melissa taking tyhe time to call the court for you and having legal review it was good service. Calling you back to let you know the answer was even better.

Yes, we should see service like this all the time, but it is truly rare enought hat I think it should be commended.

[WildBill]

Yes, we should see service like this all the time, but it is truly rare enough that I think it should be commended.