Past Arrest

[Richard T.]

I was arrested 1973 for theft in Fla. I contacted the clerck of courts was told the court had sealed the records.They said they would send papers saying there is no record . Will this affect my getting my CHL.

[Charles L. Cotton]

I was arrested 1973 for theft in Fla. I contacted the clerck of courts was told the court had sealed the records.They said they would send papers saying there is no record . Will this affect my getting my CHL.

More information is needed to give you an answer, but if the records are truly sealed, then you are eligible. (Tex. Gov't Code §411.171(4)(B)

If the records are not sealed, then the following questions need to be answered:

• 1. Were you convicted or merely arrested?
  2. Was it a felony or misdemeanor? (Regardless what Florida calls it, if your potential penalty was more than 1 yr. in jail, Texas will consider it a felony.)
  3. Did you receive deferred adjudication and if so, did you successfully complete the probationary period?

You are eligible for a Texas CHL if any of the following apply:

• 1. You were not convicted of anything;
  2. You were convicted of misdemeanor theft;
  3. You were given deferred adjudication (felony or misdemeanor) and successfully completed the terms;
  4. Your records were sealed by a court order (felony or misdemeanor, conviction or not).

Chas.

[Richard T.]

I was told by DPS tech. that records where sealed and to see if I could get documentation then she would present to legal dept. I was given probation and served it with no problems.

[Charles L. Cotton]

I was told by DPS tech. that records where sealed and to see if I could get documentation then she would present to legal dept.

If DPS said they were sealed, then that's probably correct. Just get your letter of "no records" and you'll be fine. Let me know if you have any problems.

Chas.

[Richard T.]

Thank you