TexasCHLforum.com

Unicorn Rancher wrote:

WildBill wrote: If by some chance the arrest showed up on a DPS background search the OP would not have to explain anything.

That's interesting. If an out of state arrest pops during the background check, and the applicant didn't list any arrests, DPS won't seek an explanation? Do they just ignore any discrepancies? I heard applications are processed faster now, but hoped it wasn't from cutting corners.

Applications may be processed faster, but I don't believe the DPS is cutting corners. They are very professional and thorough and would not ignore any discrepancies.

Many processes become faster and more efficient as the people get used to them. Also there have been many improvements in processing fingerprints and photographs and others that I am not aware.

My rational is that expunged records are not supposed to show up, so if DPS searched Mississippi records they would not find any arrest records since it has been expunged. According to the law, the arrest doesn't exist. If the clerks did not follow the court order to expunge, they would be the people at fault, not the applicant.

IMO there is a slight chance that a record could show up, but it should show expunged. If it does showed as expunged, the DPS staff lawyers know that it doesn't have to be listed.

Again, I am not a lawyer, but I don't think that most people understand about expungement. Please reread Charles Cotton's posts:

Charles L. Cotton wrote:

Tex. Gov't Code 411 wrote: Sec. 411.171. DEFINITIONS. In this subchapter:

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:

(A) expunged;

Charles L. Cotton wrote:Under Texas law, if something has been expunged from your record, you can legally deny the conviction and even the arrest. You can deny it under oath. Chas.

I have done some research into the laws of Mississippi, and I believe that the expunge order would meet the requirements under Texas law. That said, I am not offering legal advice.
The only advice I would give in this matter is to listen to Charles Cotton. He knows what he is doing.

I am not a lawyer, nor am I offering advice.

IMO, according to Texas and Mississippi law, the OP has never been arrested so he doesn't have to put anything on his application.

If the record is expunged then the DPS can not find it.

The DPS have attorneys on their staff who know how to deal with expunged records.

If by some chance the arrest showed up on a DPS background search the OP would not have to explain anything.

IMO, the only reason for listing it would be the OP's peace of mind while she is waiting for her CHL to show up in the mail.