Arrest Question

[AGENT-X]

About four years ago I was "arrested" when I lived in Missouri for an outstanding warrant for a insufficent check. The check was about 4 years prior to that, but I had moved several time and had not caught any attention, so I guess it went unnoticed. We'll it caught up to me when I signed up for a ride along. I was just curious as to what an officer does and wanted to understand them I guess. Well, they apparently do a background check when you do this. I was brough to the station, finger printed, never photographed and sat there and talk with the officers while I waited for my wife to bring the money to pay the "fine". I talked to the prosecuter at the time this happened and he mention that any charges would be dropped. Anyhow, my question is, how will this effect me when I apply for my CHL? Keep in mind this is all new to me.

[Crossfire]

You need to get copies of the disposition of the case from the agency that processed you in Missouri. More than likely, the charges were dropped when you paid the check and any outstanding fines for it. But you were still arrested and must list it on your application.

It should not affect you eligibility for a Texas CHL. But, it is critical to know the disposition and whether it was a Class A, B, or C misdemeanor.

[AGENT-X]

well, I believe it would have been a felony (bad check?), but I have a copy of the motion to dismiss, so I don't believe it should effect me. I am new to this though, so I have no idea.

[Charles L. Cotton]

If it was a felony and if the charges were not dropped or reduced to a misdemeanor, then you will not qualify for a Texas CHL. What concerns me is the fact that you paid a "fine." That indicates a conviction, as you don't/can't pay a "fine" for anything other than a conviction. Now, you can pay other fees, such as court costs related to a deferred adjudication, but those aren't "fines."

Non-violent felonies, such as felony hot checks, will not disqualify you, but only if 1) you received deferred adjudication and successfully completed your deferral/probation period; and 2) it was not for a violent felony (TPC Title 5 "Offenses Against the Person" or TPC Chp. 29 "Robbery"). If the charges were not dropped, it is also quite possible that they were reduced to a misdemeanor.

As llwatson said, you need to get an official disposition sheet on this matter.

Good luck,
Chas.

[AGENT-X]

I guess I should correct the "fine" term I used. I actually paid a bond, as I have a bond sheet, then when the motion to dismiss was sent to me a portion of this bond was returned to me. I will call the prosecuters office and get this clarified though.

[Charles L. Cotton]

I guess I should correct the "fine" term I used. I actually paid a bond, as I have a bond sheet, then when the motion to dismiss was sent to me a portion of this bond was returned to me. I will call the prosecuters office and get this clarified though.

I think you're going to be fine. You just need to get the disposition sheet.

Chas.

[AGENT-X]

I am having a copy of the docket/dispostion sheet sent to me. I had to fax them in a letter to request this because it was an older case. They told me that this case should not even show up though because it had been dismissed. I still would have to list the arrest, but how would I elaborate on it?

[AEA]

Just simply list it and the disposition. Then provide a copy of the docket/disposition sheet with your paperwork. If the paperwork is notarized then the copy you provide to the DPS should be notarized as a "True & Complete Copy" (keep the one you receive for your records).

[AGENT-X]

I recieved my docket sheet finally (faxed, they are mailing the certified copy). It has a judgement of dismissal written on it signed by the judge, so I guess that's all I need.

[WildBill]

I recieved my docket sheet finally (faxed, they are mailing the certified copy). It has a judgement of dismissal written on it signed by the judge, so I guess that's all I need.

Sounds like you're good to go.