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by BrianSW99
Sun Sep 26, 2010 8:05 am
Forum: General Texas CHL Discussion
Topic: CHL shows up in background check
Replies: 68
Views: 12748

Re: CHL shows up in background check

Maybe they get their information from the private security company that operates the gates at the State Fair? I hear they have a pretty good list of chl'ers. :lol:
by BrianSW99
Sat Sep 25, 2010 10:38 am
Forum: General Texas CHL Discussion
Topic: CHL shows up in background check
Replies: 68
Views: 12748

Re: CHL shows up in background check

The Annoyed Man wrote:
newm1950 wrote:I did an online check on a prospective employee last week through a detective company and the CHL was on the form I received back. I was not aware this was supposed to happen.
That's actually very disturbing. Have you considered counseling the detective agency that accessing and revealing the information is illegal? I ask, because you have been given something you're not supposed to have, and you should inform them that you don't want the liability of that.
It might depend on how they're getting the information as to whether it's illegal or not. The only law I'm aware of on the subject states that CHL information is not public information subject to an open records request. It doesn't provide for any penalties for a private entity, such as a background check agency, from disclosing the information if they have it. It also doesn't specifically make it illegal for them to obtain the information, just that they can't get it through open records.

Now, the way they obtain the information might be illegal, for example if they're somehow querying databases that are restricted to law enforcement use, like TCIC.

Brian

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