Criminal History Check

[thejtrain]

Makes pretty good sense from a cover yourself practical perspective. Thanks for the historical insight as well Jim - if this kind of thing was the cost of getting shall-issue passed, I'll gladly pay it every day of the week and twice on Sunday.

And now, I'm off for home and pizza & beer with the wife (her idea even!)

[kw5kw]

The DPS computer system will automatically search the "III" (triple i) database for criminal history and automatically display the FBI and the state SID number for anyone who has been arrested. Then all the operator has to do is to re-run either the FBI number or the state SID number to receive all of the arrests and convictions on the subject.


Currently only two states do not subscribe to the III database, and both of them are in the North East.

Simply, if it doesn't appear in the III database, it doesn't exist as an arrest and in order to be convicted of something one must first be arrested.

And again, the DPS is looking for any felony CONVICTIONS and class A or B misdemeanor convictions in the past 5 years and nothing else.

One other thing; troopers cannot be given 10-98 information for background checks for CHL’s, only the CHL division at Austin Headquarters can run 10-43 inquires for CHL applicants. Computerized Criminal History (CCH) information is one of the most guarded pieces of information that there is, the rules and regulations that govern CCH are very strict and highly enforced.

[rangerpat]

Can it be assumed then that if you can legally buy a weapon through a licensed dealer that you will automatically qualify, or are there other things that the chl check is looking for? I guess, what is the difference in just a firearms NICS check and the CHL criminal check.

[seamusTX]

Can it be assumed then that if you can legally buy a weapon through a licensed dealer that you will automatically qualify, or are there other things that the chl check is looking for?

As far as criminal convictions, if you pass NICS, you will be OK with DPS. However, qualification for a CHL also means that you are not in arrears on child support, Texas state taxes, or student loans.

- Jim

[rm9792]

Can it be assumed then that if you can legally buy a weapon through a licensed dealer that you will automatically qualify, or are there other things that the chl check is looking for? I guess, what is the difference in just a firearms NICS check and the CHL criminal check.

No you will not automatically qualify. Some people can legally buy but cant get a license. I had to wait a few years for a deferred Adju. to pass but have always been able to buy.

[seamusTX]

[Some people can legally buy but cant get a license. I had to wait a few years for a deferred Adju. to pass but have always been able to buy.

Oops. I didn't think of that.

- Jim

[stormbringerr]

How did this get from here to there? I looked me up on the internet today, just bored I guess, but my post is listed on the internet as general information. I did not know that what I discussed with you guys was information for the whole world.

in texas someone can request and get a copy of your divorce records, if you have ever have one.all it takes is a written request, it is public domain because it was a court fact.dont write on a forum what you are not comfortable sharing w/the public.

[stormbringerr]

Can it be assumed then that if you can legally buy a weapon through a licensed dealer that you will automatically qualify, or are there other things that the chl check is looking for?

As far as criminal convictions, if you pass NICS, you will be OK with DPS. However, qualification for a CHL also means that you are not in arrears on child support, Texas state taxes, or student loans.



also , that you have had no arrest for domestic violence...

[KBCraig]

also , that you have had no arrest for domestic violence...

No convictions for domestic violence. You can be arrested for anything, including capital murder, yet still be eligible if you're not convicted.

[stormbringerr]

also , that you have had no arrest for domestic violence...

No convictions for domestic violence. You can be arrested for anything, including capital murder, yet still be eligible if you're not convicted.

right, thats what i meant craig

[ddcarter3]

Just found this on the Texas DPS CHL Home Page FAQ:

After receiving completed application packets, DPS will conduct background checks of juvenile records for the previous 10 years, and all adult records.

Still Processing Application.

[texasmr2]

Man am I glad I found this thread because I have question's before I send my application in.

1. I was arrested, well detained according to HPD, twice for traffic ticket's and I was told by a DPS supervisor dont worry about those because they are very minor. Is this true and it was so long ago I cannot remember if I was finger printed or not?

2. Back in '97-'98 I was stopped for a traffic violation but was arrested for a bounced check that had gone into warrant. I was told by that DPS supervisor that I must list that on my CHL application. Now here is the deal I just had the Harris County District Clerk's office run a criminal history report dating all the way back to 1976 and the only thing that is on their record's is another bounced check, that went into warrant in '06 from '04, but full restitution has been made and I was NOT arrested for it.

I have my Harris County disposition record to send in as well as the certified District Clerk's documentation so what should I list if anything on my CHL application??

Thank's in advance,
Gregg

[thejtrain]

Man am I glad I found this thread because I have question's before I send my application in.

1. I was arrested, well detained according to HPD, twice for traffic ticket's and I was told by a DPS supervisor dont worry about those because they are very minor. Is this true and it was so long ago I cannot remember if I was finger printed or not?

2. Back in '97-'98 I was stopped for a traffic violation but was arrested for a bounced check that had gone into warrant. I was told by that DPS supervisor that I must list that on my CHL application. Now here is the deal I just had the Harris County District Clerk's office run a criminal history report dating all the way back to 1976 and the only thing that is on their record's is another bounced check, that went into warrant in '06 from '04, but full restitution has been made and I was NOT arrested for it.

I have my Harris County disposition record to send in as well as the certified District Clerk's documentation so what should I list if anything on my CHL application??

Thank's in advance,
Gregg

Usually the best advice is to list absolutely everything you can think of. In a shall-issue state like our beloved Texas, they can't make judgment calls about whether or not you should get a CHL, based on what's on your record. If you have something on your record that, by law, prohibits you from getting one, they WILL find it and WILL deny you whether you list it or not. If you only have things on your record that, by law, CANNOT prohibit you from getting one, they WILL approve you provided you're honest on your form (especially the part where you sign @ the end that says, "to the best of my knowledge, the preceding is 100% true and accurate, blah blah blah"). It's probably not a good idea to test that by leaving something off the application, then signing the "best of my knowledge" part.

Regarding #1 above, my advice would be to list as much detail as you can remember (down to month/year & jurisdiction where the arrest/detention took place), and the DPS will do what they can to fill in the blanks with their background-check capabilities. If they can't find anything they'll either ignore it or contact you to try to get more details - good news for you in either case. The bad news would be if you DIDN'T list something and it popped up in their search and leaves them wondering why you didn't mention it. I certainly can't say 100% that they would deny you in that situation, but leaving it off and then signing the affadavit would presumably give them the authority under the law to deny you.

JT

[texasmr2]

Usually the best advice is to list absolutely everything you can think of. In a shall-issue state like our beloved Texas, they can't make judgment calls about whether or not you should get a CHL, based on what's on your record. If you have something on your record that, by law, prohibits you from getting one, they WILL find it and WILL deny you whether you list it or not. If you only have things on your record that, by law, CANNOT prohibit you from getting one, they WILL approve you provided you're honest on your form (especially the part where you sign @ the end that says, "to the best of my knowledge, the preceding is 100% true and accurate, blah blah blah"). It's probably not a good idea to test that by leaving something off the application, then signing the "best of my knowledge" part.

Regarding #1 above, my advice would be to list as much detail as you can remember (down to month/year & jurisdiction where the arrest/detention took place), and the DPS will do what they can to fill in the blanks with their background-check capabilities. If they can't find anything they'll either ignore it or contact you to try to get more details - good news for you in either case. The bad news would be if you DIDN'T list something and it popped up in their search and leaves them wondering why you didn't mention it. I certainly can't say 100% that they would deny you in that situation, but leaving it off and then signing the affadavit would presumably give them the authority under the law to deny you.

JT

Exactly the advice I was looking for thank you bro I really appreciate your reply and input,
Gregg

[texasmr2]

Well I finally got everything taken care of and now have my CHL application ready to go just waiting for my stimulus check, which should be here in early June, to pay for the license. I'll post the detail's as they come in.