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by Skiprr
Wed Sep 05, 2012 2:03 am
Forum: New to CHL?
Topic: Expunged Records
Replies: 37
Views: 16584

Re: Expunged Records

MoJo wrote:It's better to be upfront about these things than have charges of falsification of government documents...
Yep. I agree. Mostly.
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:...
(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
GC §411.174. APPLICATION. (a) An applicant for a license to carry a concealed handgun must submit to the director's designee described by Section 411.176:...
(7) criminal history record information of the type maintained by the department under this chapter, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses...
The message is that an applicant needs to be very careful about failing to disclose arrests, charges, or indictments. If under GC §411.172 it is determined that an applicant has failed to disclose material facts, he or she could be denied a CHL...forever.

Only a minority of charges are actually expunged. See Title 1: Code of Criminal Procedure, Chapter 55: Expunction of Criminal Records.

It is vital to obtain the disposition records of the offense if at all possible. That's what will tell you whether applying for a CHL is practical, and whether or not you must disclose the offense.

If you did not disclose an applicable offense and obtained a CHL anyway, that does not mean a future background check might not catch up to you later.

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