Expungement & Re-application Question

[KungFu]

Im finally looking into re-applying for my CHL. If Im interpreting HB3987 correctly I shouldn’t have any issues this time (my conviction was over 10 years ago - in addition to having been expunged).

So my question is: Should I disclose the information about my conviction if I decide to re-apply, or leave it off?

According to the Ar.Governor's office - when my charge was expunged, my status was changed to Not Guilty. They said I should not have disclosed the conviction on my original CHL application, as the charge should not show up on a background check (Federal or otherwise). Additionally they said they have no record of the charge, and if questioned, I can say that I have never had a Felony.

But... I was thinking it might be an issue if DPS keeps records on those who have been denied CHLs and the reasons they were denied.

Advice?
KungFu

[KC5AV]

Under circumstances where an applicant has an arrest, and later becomes eligible, they have to supply certified copies of the disposition of any convictions. If the jurisdiction has no record, they can provide a letter to that effect.

I'd say you can proceed one of two ways. You can apply without mentioning any arrest/conviction. If it goes through, you're good to go, but I'd have some sort of documentation readily available to supply to DPS in case they come asking. Or, you can list everything on your application and supply all supporting documentation. Either way, I would be prepared for there to be some delay in the process.

It might also be worth a few minutes to call the DPS and ask them how you should proceed. I'm pretty sure you won't be the only one who has been in this situation, so they might be able to provide the best guidance.

Good luck, and please let us know how everything plays out so that we can better assist the next time this question comes up.

[tacticool]

I think you have to list arrests, even if you weren't convicted, and even if you were not indicted.

I think intentionally failing to disclose the arrest is a reason for DPS to deny a CHL.

[Art S]

Do not know if this will help but it is from DPS FAQ's #31

31. Should I list all arrests on my application, even if the cases were dismissed or I was found not guilty?
Yes. If your criminal history background check indicates an arrest but does not reveal a final disposition, DPS might have to check local records which is time consuming and could significantly delay your application. Always indicate the year, the offense, the location, the outcome and preferably the level of the offense, such as felony, Class B misdemeanor, etc. Attaching copies of the dispositions will help DPS process your application more quickly. Include information on cases that resulted in probation or deferred adjudication.

Later,
Art S.

[4x4given]

Hmmm... OK, but....

The Texas CODE OF CRIMINAL PROCEDURETITLE 1. CODE OF CRIMINAL PROCEDURECHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS
http://www.statutes.legis.state.tx.us/D ... .htm#55.01" onclick="window.open(this.href);return false;

States:

"Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:
(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged."

So... should he? or shouldn't he?

[apostate]

If they choose to not follow the instructions, and DPS finds any record of the arrest, expect a delay.

And don't expect sympathy.

[KungFu]

Hey guys, thanks for the replies.

I've since received a full PARDON (with reinstatement of firearms rights), from the Arkansas Governor's office.

I'd applied for it over a year ago and had just about given up hope. Last month I recieved a voicemail from the Governor's attorney, stating that my pardon had been approved and my paperwork was in the mail.

I've since received the documents, made copies, and locked the originals in my safe.
Additionally, I have made two firearms purchases without incident (a .22 for my oldest son and a M4 carbine for myself).
Im planning to re-take the CHL class in October.

The question still remains... Now that The offense has been PARDONED, do I still need to disclose the original arrest?

[apostate]

If the jury verdict was Not Guilty, you would need to disclose the arrest, so I don't see why a pardon would be different, but IANAL.

[paulhailes]

I would suggest just calling and asking them and then do what they say. Call them then do your application, that way if the want to know then you know to include the information, if they don't want to know then you know not to mention it in your application.

[Jumping Frog]

... Now that The offense has been PARDONED,

All pardoned means is you were forgiven the crime. It doesn't mean the arrest and conviction never happened,