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Expunged Records

Posted: Sun Aug 26, 2012 10:11 pm
by chl2012
Hello everyone, I am new to the forum. Just took the CHL class today. On the application it says to list all arrests, crimes, etc. It also mentions the need for certified court documents regarding disposition of cases. In 1997 I was charged with DUI in Pennsylvania and the records have since been expunged. It is my understanding that expunged documents cannot be re-opened. How could I get any sort of disposition letter for records that don't exist? Will this cause a denial of my CHL? Thanks in advance for the tips.

Re: Expunged Records

Posted: Sun Aug 26, 2012 10:19 pm
by RSJ
Call the local Penn court and see what is available. I am guessing not much if anything. Therefore, be honest, fill out the details as much as possible. Shouldn't be an issue.

Re: Expunged Records

Posted: Sun Aug 26, 2012 11:10 pm
by Jim Beaux
It's my understanding that if you have something expunged you do not have to reveal it to anyone. Never happened.

Re: Expunged Records

Posted: Sun Aug 26, 2012 11:46 pm
by MoJo
Jim Beaux wrote:It's my understanding that if you have something expunged you do not have to reveal it to anyone. Never happened.
CHL application in Texas is an exception.

Re: Expunged Records

Posted: Mon Aug 27, 2012 7:24 am
by RPBrown
You will need to get a letter from the clerk stating that no records were found.

Re: Expunged Records

Posted: Mon Aug 27, 2012 9:04 am
by Keith B
RPBrown wrote:You will need to get a letter from the clerk stating that no records were found.
:iagree: You need to list it on the application, and have that letter to go with it. This will cover you in case DPS can see it, but you will have a document from the court where it was expunged stating nothing is on your record.

Re: Expunged Records

Posted: Mon Aug 27, 2012 11:22 am
by Jim Beaux
Perhaps it depends on just what the initial offense was & whether the individual was found not guilty. I have personal knowledge of a family member (found not guilty) who did not reveal he had his arrest & trial records expunged and he received his CHL without a hitch.

Re: Expunged Records

Posted: Mon Aug 27, 2012 1:28 pm
by snatchel
I'll go ahead and say this:

I had the same thing, DUI when I was 17, 2 months before going into boot camp. Judge fined the heck out of me, gave me something like 50 hours of community service, and agreed to expunge my record.

I did not report this on my application. I spoke with a lawyer, he told me that nothing needed to be put down, that "it never happened."

Re: Expunged Records

Posted: Mon Aug 27, 2012 7:32 pm
by chl2012
I think I would feel better about listing the DUI and getting the paperwork that shows there is no record of it happening. I am hoping it won't be too difficult to get the courthouse to get me such a document. Does anyone know if DPS returns any of the certfied court docs that they receive? Will I need to go through this all over again for a renewal?

Re: Expunged Records

Posted: Fri Aug 31, 2012 7:52 am
by Plik
I have an expunged arrest record in the state of Louisiana which I did not disclose on my application. I had no issues obtaining my CHL.

Re: Expunged Records

Posted: Sat Sep 01, 2012 8:26 pm
by Geaux Tigers
I had a felony in college in another state and got probation for a first offense. It didn't show up in the national computer check so I didn't list it on my application. I had no issues getting my Texas CHL a month ago.

Re: Expunged Records

Posted: Sat Sep 01, 2012 8:48 pm
by Jumping Frog
Geaux Tigers wrote:I had a felony in college in another state and got probation for a first offense. It didn't show up in the national computer check so I didn't list it on my application. I had no issues getting my Texas CHL a month ago.
The probation is immaterial, as that is simply the sentencing.

What about your conviction? Were you actually convicted of the felony, or did you plead to a lesser offense?

Re: Expunged Records

Posted: Tue Sep 04, 2012 9:28 am
by trentwhite778
I'm kind of in the same boat. I had a class B Misdemeanor eleven years ago that was completely dismissed. I didn't know how to answer on the application because it says "Have you ever been arrested or CHARGED with a crime." I was charged (my wife bounced a $40 check from my account) but not arrested. I turned myself in on a PR bond and the judge dismissed it. I went ahead and said "yes" because I didn't want them to find it after saying "no". All the guys I work with are also getting their CHL. I was the first one to send everything in and it appears that I am now the last one out, as my status is still sitting on BCR and they have all either received their plastic or have a status of Manufacturing.
So it looks like there's a chance that simply checking "yes" for that question puts you in a completely different pile. :totap:

Re: Expunged Records

Posted: Tue Sep 04, 2012 4:32 pm
by chl2012
I went ahead and listed everything on the application. I called the court that I was charged in and they have no record on me for anything. The clerk was reluctant to offer any sort of documentation that they have no record of my case. She said I would have to ask the judge. I guess I"ll see if DPS asks for anything. Dropped the docs in the mail today.

Re: Expunged Records

Posted: Tue Sep 04, 2012 5:00 pm
by MoJo
It's better to be upfront about these things than have charges of falsification of government documents, a class A misdemeanor and, have to wait 5 more years to get your CHL. DPS does keep the documents but, as I understand, they don't require them again when renewing.