TexasCHLforum.com

ScottDLS wrote:

Skiprr wrote: ....
But there really is a reason it takes the state a while to complete background checks for licenses. It isn't just a quick 60-second check of computerized national and state databases. The LTC check can go down to the county level--some counties' records are more computerized than others--and there's no real statute of limitations. Convictions of a Class B or higher will almost certainly appear on a quick database search but, for example, an arrest might show up on the DPS check with no disposition status even though the case was dismissed. Paying half the cost of the LTC application fee in advance to try to turn up everything DPS might find is not cost-effective, and may even be a waste of time.
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Are you sure about this? I say this because based on the information provided on the application, there's really not a whole lot the DPS can do besides a computer check and the FBI fingerprint check against NCIC and the auto NICS. What are they going down to the county level to check, assuming you don't pop up on the computer scan? What if you lived out of state for 5 years then moved to Dallas County (automated) two years ago? How are they going to get that deferred adjudication from 20 years ago when you were visiting Alaska? If it isn't in NCIC it didn't happen.

There are people who have reported getting a LTC in 3 weeks on their initial pass. What is DPS going to find in 2 weeks that you didn't list on your app and isn't in FBI database?

Sure about what? That "the LTC check can go down to the county level"? Sure I am. That's one reason GC §411.176 has language about the "director's designee in the geographical area."

That every application is scrupulously checked in all umpteen out-of-state counties you've lived in since 1975? No; I'm absolutely not sure of that.

Are you categorically stating that if an LTC applicant fails to disclose an arrest on the application for which a conviction did not come up in NICS or NCIC, that all is squeaky clean and DPS will never be the wiser that the arrest was not disclosed?

To my knowledge there's no practical way to duplicate the DPS background check. There are some inexpensive services out there that offer basic criminal-background checks for around $10 to $20, but to me that's simply wasted money. A person already knows if he or she is going to hit on that sort of list. Slightly more thorough checks can be had for around $20 to $80, but the expanded searches there more typically have to do with things a hiring manager wants to know, e.g., credit rating, public records for bankruptcy, that sort of thing; stuff that doesn't necessarily disqualify you from an LTC.

But there really is a reason it takes the state a while to complete background checks for licenses. It isn't just a quick 60-second check of computerized national and state databases. The LTC check can go down to the county level--some counties' records are more computerized than others--and there's no real statute of limitations. Convictions of a Class B or higher will almost certainly appear on a quick database search but, for example, an arrest might show up on the DPS check with no disposition status even though the case was dismissed. Paying half the cost of the LTC application fee in advance to try to turn up everything DPS might find is not cost-effective, and may even be a waste of time.

Honestly, I get suspicious when someone asks me a question like that...not the question you asked, but the one your friend asked you. It doesn't take overly long to read the LTC eligibility requirements. And unless someone tells me they were either too drunk or too stoned at the time--perhaps a very good reason to not pursue a license anyway--to remember whether or not they were arrested, I call bogus. The exact date might escape someone, but not that he was processed, or where. Unless, that is, there are so many arrests on the record that he truly can't distinguish among them.

If someone has been arrested but is uncertain about the final disposition, contact the county seat first. For many Texas counties, it's around $1 per page for certified copies, and about $5 if a records search is needed. Do that homework in advance--it's time and a couple of bucks well spent if he needs the detail--then be sure to include the specifics on the LTC application and attach the supporting documents. A week up-front could save a month or two of unnecessary waiting on the back-end.

There are nuances about time to wait after a misdemeanor conviction, sealed or expunged records, or matters similar. We have some highly qualified people here who are both attorneys and LTC instructors. They won't give legal advice, but someone with a detailed question is probably going to get about the best opinion they could ask for, then make an informed decision whether to apply now or wait.

Note: I am not one of those highly qualified people; this is just personal opinion from over a decade of watching the CHL/LTC journeys of a whole slew of folks here on the Forum.