Background check?

[judaniel]

I completed the CHL class this weekend. I am planning on going down to the DPS office to ask them about my criminal record as a youth. I have some concerns I will not pass the background check. I have no felony's and all of my incidents happened more than 17 years ago. I was completing an SBA loan app not long ago. During this process you need to disclose your criminal history. So I called the county court houses and asked them to look at my record. Below is what they came back with. I know I had an assault before the age of 18 and a criminal mischief charge that doesn't show up according to the court house.

I should mention both of the offenses below were DWI's and they got changed to what you see below.

So the question is will I pass the background check?
1. Reckless Conduct
a. DATES
i. Disposition Date: 1/29/1993
b. LOCATION
i. Texas
c. FINES
i. I don’t believe there were any fines.
d. SENTENCES
i. Convicted – Lesser charge
e. WHETHER MISDEMEANOR OR FELONY
i. Misdemeanor
f. DATES OF PAROLE/PROBATION
i. Not Applicable
g. UNPAID FINES OR PENALTIES
i. None

2. Deadly Conduct
a. DATES
i. Disposition Date: 12/22/1995
b. LOCATION
i. Texas
c. FINES
i. I don’t believe there were any fines
d. SENTENCES
i. Probation Discharge
e. WHETHER MISDEMEANOR OR FELONY
i. Misdemeanor
f. DATES OF PAROLE/PROBATION
i. Probation: 1997-1998
g. UNPAID FINES OR PENALTIES
i. None

[XDSConcealer]

You mentioned that both offenses were DWI's but got changed. If they are in any way listed as DWI's and since there are 2 you would be excluded from getting your CHL. However, if they are not classified as DWI's it would depend on what class misdemeanor you were charged with. What class were your offenses?

[judaniel]

You mentioned that both offenses were DWI's but got changed. If they are in any way listed as DWI's and since there are 2 you would be excluded from getting your CHL. However, if they are not classified as DWI's it would depend on what class misdemeanor you were charged with. What class were your offenses?

Looking at the paperwork I see nothing to signify the class on the reckless conduct. Doing a quick search leads me to believe it is a class C. The Deadly conduct is a Class A per the paperwork. The paperwork for the Reckless conduct says nothing about intoxication but the Deadly conduct clearly outlines it.

[XDSConcealer]

You mentioned that both offenses were DWI's but got changed. If they are in any way listed as DWI's and since there are 2 you would be excluded from getting your CHL. However, if they are not classified as DWI's it would depend on what class misdemeanor you were charged with. What class were your offenses?

Looking at the paperwork I see nothing to signify the class on the reckless conduct. Doing a quick search leads me to believe it is a class C. The Deadly conduct is a Class A per the paperwork. The paperwork for the Reckless conduct says nothing about intoxication but the Deadly conduct clearly outlines it.

If the Class A was filed under Penal Code 42.01 that may exclude you from getting your CHL. I believe the 411.172 that outlines Eligibility says in item (4) that you cannot be charged with the commission of a Class A or B misdemeanor or an offense under Section 42.01, Penal Code. However, I'll let one of our instructors on the site confirm this. This may only apply if it's happened in the last 5 years which this clearly hasn't but I'm not sure by the nature of the offense if that matters.

[WildBill]

You mentioned that both offenses were DWI's but got changed. If they are in any way listed as DWI's and since there are 2 you would be excluded from getting your CHL. However, if they are not classified as DWI's it would depend on what class misdemeanor you were charged with. What class were your offenses?

Looking at the paperwork I see nothing to signify the class on the reckless conduct. Doing a quick search leads me to believe it is a class C. The Deadly conduct is a Class A per the paperwork. The paperwork for the Reckless conduct says nothing about intoxication but the Deadly conduct clearly outlines it.

If the Class A was filed under Penal Code 42.01 that may exclude you from getting your CHL. I believe the 411.172 that outlines Eligibility says in item (4) that you cannot be charged with the commission of a Class A or B misdemeanor or an offense under Section 42.01, Penal Code. However, I'll let one of our instructors on the site confirm this. This may only apply if it's happened in the last 5 years which this clearly hasn't but I'm not sure by the nature of the offense if that matters.

I believe item (4) refers to being currently charged or under indictment.

[XDSConcealer]

You mentioned that both offenses were DWI's but got changed. If they are in any way listed as DWI's and since there are 2 you would be excluded from getting your CHL. However, if they are not classified as DWI's it would depend on what class misdemeanor you were charged with. What class were your offenses?

Looking at the paperwork I see nothing to signify the class on the reckless conduct. Doing a quick search leads me to believe it is a class C. The Deadly conduct is a Class A per the paperwork. The paperwork for the Reckless conduct says nothing about intoxication but the Deadly conduct clearly outlines it.

If the Class A was filed under Penal Code 42.01 that may exclude you from getting your CHL. I believe the 411.172 that outlines Eligibility says in item (4) that you cannot be charged with the commission of a Class A or B misdemeanor or an offense under Section 42.01, Penal Code. However, I'll let one of our instructors on the site confirm this. This may only apply if it's happened in the last 5 years which this clearly hasn't but I'm not sure by the nature of the offense if that matters.

I believe item (4) refers to being currently charged or under indictment.

Yeah, that's why I mentioned it may only apply if it's happened in the last 5 years. Given that I'm not a lawyer or teach the CHL courses I'll leave it to the instructors to say for sure.

[judaniel]

Thanks for the feedback thus far.

[WildBill]

Thanks for the feedback thus far.

I think you should be okay, but you need to submit all of your records with the application. I am very surprised that your records don't show the Texas statutes that you were convicted. It seems like it would be hard to figure out what actually happened without this.

[judaniel]

I ended up sending in the criminal history report to the DPS. I figured that was the best way to get all the details needed to complete the CHL paperwork.

Thanks for the replies.

[judaniel]

Just an update.....Got the plastic in the mail on 2-10-2013

[C-dub]

Congratulations!