past arrest question
Moderators: carlson1, Charles L. Cotton
past arrest question
I was about to apply for a chl, but then I just remembered that I was arrested about 4-5 years ago. I had a few outstanding warrants including two for speeding, one for expired registration, one for no insurance, one for expired inspection. These were all from over 5 years ago, but I was arrested about 4.5 years ago I think. I do not remember the exact date. I paid off all of them at that time except for one of the speeding tickets. They were paid at the jail before they would release me. I spent about 2 hours behind bars.
The remaining ticket was paid about 3 years ago, however, it was from over 10 years ago.
Is this going to stop me from getting approved?
The remaining ticket was paid about 3 years ago, however, it was from over 10 years ago.
Is this going to stop me from getting approved?
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Re: past arrest question
I think you are still eligible as I believe all of those are Class C misdemeanors. Don't quote me. IANAL. Be sure to list all of the arrest, and attach all of the documents you may need to. I'm sure an instructor or someone more knowledgeable than I will chime in with more descriptive instructions before too long... Maybe in the morning. 
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Re: past arrest question
Hi pcdudley, welcome to the forum! There's a wealth of information here at your fingertips and a wonderful group of guys & gals to get to know. Glad to have you with us!
The answer to your question is NO! The kinds of tickets you got will NOT exclude you from getting a CHL. My story is VERY similar to yours. I got arrested(more than once) for expired registration, expired tags, speeding, and theft of check under $200(bounced check from 1985 & 1987, that I took care of before I was arrested).
What you WILL need is certified copies of the disposition of each and every arrest. You can get those certified copies of the dispositions from the county clerks office where each arrest occurred.
It took me 2 or 3 days to get those dispositions, because it took me forever to find the exact county clerk's office here in Tarrant County that knew what I was talking about(they have 9 of them). I wound up at the Criminal Courts County Clerk office and explained what I wanted. In Tarrant county, they don't call it a "disposition", but a "Final Judgment and Sentence". It's the same thing though.
Once you get those certified copies of the dispositions, you'll need to send them in to DPS so they can be merged into your file. Be sure and put your PIN number on each and every piece of paper you send DPS.
I'm not sure of the procedures now, but I sent all of my certified copies of the dispositions, AND an explanation(in my own words), of the infractions I had committed and the results of each infraction. I wound up with 2 pages of type written, single spaced, in landscape form, of explanations, along with my CHL application packet. Send them the original certified copies, and you keep a copy for your records.
In addition, I got certified copies of a criminal background check from both the cities of Arlington(where the arrests occurred) AND the city of Euless(where I got several ticket), just to be on the safe side, and for my own piece of mind. (probably didn't need those, but it made me feel better)
DPS is wanting full disclosure on each and every arrest that has ever happened to you. That's what a DPS lady told me when I was fretting over those old arrests.
I hope that helps a little bit. If you have more questions, or need clarification, please do ask away!
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The answer to your question is NO! The kinds of tickets you got will NOT exclude you from getting a CHL. My story is VERY similar to yours. I got arrested(more than once) for expired registration, expired tags, speeding, and theft of check under $200(bounced check from 1985 & 1987, that I took care of before I was arrested).
What you WILL need is certified copies of the disposition of each and every arrest. You can get those certified copies of the dispositions from the county clerks office where each arrest occurred.
It took me 2 or 3 days to get those dispositions, because it took me forever to find the exact county clerk's office here in Tarrant County that knew what I was talking about(they have 9 of them). I wound up at the Criminal Courts County Clerk office and explained what I wanted. In Tarrant county, they don't call it a "disposition", but a "Final Judgment and Sentence". It's the same thing though.
Once you get those certified copies of the dispositions, you'll need to send them in to DPS so they can be merged into your file. Be sure and put your PIN number on each and every piece of paper you send DPS.
I'm not sure of the procedures now, but I sent all of my certified copies of the dispositions, AND an explanation(in my own words), of the infractions I had committed and the results of each infraction. I wound up with 2 pages of type written, single spaced, in landscape form, of explanations, along with my CHL application packet. Send them the original certified copies, and you keep a copy for your records.
In addition, I got certified copies of a criminal background check from both the cities of Arlington(where the arrests occurred) AND the city of Euless(where I got several ticket), just to be on the safe side, and for my own piece of mind. (probably didn't need those, but it made me feel better)
DPS is wanting full disclosure on each and every arrest that has ever happened to you. That's what a DPS lady told me when I was fretting over those old arrests.
I hope that helps a little bit. If you have more questions, or need clarification, please do ask away!
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Re: past arrest question
I have a question regarding a past arrest record in reference to applying for a CHL. As I intrepid the questions, the focus is on rather or not you have been arrested and convicted of a felony and have had any misdemeanors in the last 10 years. To both of those questions the answer is no. However about 28-30 years ago I was arrested for petty theft which resulted in being expelled from the state of Kansas for 2 years. I didn’t actually steal anything. The 2 year thing was to satisfy the prosecutor. The other charge was for false information to an officer which I did do in an attempt to protect someone else. That was a stupid mistake on my part. I paid a fine and that was that. Anyway my point is that I didn’t feel these issues were relevant to mention in the application since the focus didn’t, in my interpidtation, apply to these offences because of time and minor severity. Was I right? I was honestly not trying to mislead anyone.
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Re: past arrest question
My understanding is that the offense itself will not be a problem. The fact that you did not disclose COULD be a problem. I have heard of some cases where they just give you the opportunity to provide final disposition and there are other cases where the application is denied due to failure to disclose. I don't have any first hand (or second hand for that matter) information. The instructor in our class gave us examples of both things happening to his students.Gunsmoke wrote:I have a question regarding a past arrest record in reference to applying for a CHL. As I intrepid the questions, the focus is on rather or not you have been arrested and convicted of a felony and have had any misdemeanors in the last 10 years. To both of those questions the answer is no. However about 28-30 years ago I was arrested for petty theft which resulted in being expelled from the state of Kansas for 2 years. I didn’t actually steal anything. The 2 year thing was to satisfy the prosecutor. The other charge was for false information to an officer which I did do in an attempt to protect someone else. That was a stupid mistake on my part. I paid a fine and that was that. Anyway my point is that I didn’t feel these issues were relevant to mention in the application since the focus didn’t, in my interpidtation, apply to these offences because of time and minor severity. Was I right? I was honestly not trying to mislead anyone.
For the OP, I sent in my disposition with my app, things went through without a hitch. My arrest was similar to yours, unpaid traffic ticket that went to warrent and I was detained after a traffic stop.
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Re: past arrest question
IANAL and I won't advise you what to do. What I would do is get a certified copy of the disposition for my files.Gunsmoke wrote:I have a question regarding a past arrest record in reference to applying for a CHL ...
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Re: past arrest question
Is this a good thing or a bad thing? If your own state doesn't want you, who does?...expelled from the state...
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Re: past arrest question
I'll admit that this is kinda strange. It's like an old Western movie when the sheriff orders you to "Get Out of Town before sunset". Maybe this was how it was done in Kansas. After all, the poster's name is Gunsmoke.Oldgringo wrote:Is this a good thing or a bad thing? If your own state doesn't want you, who does?...expelled from the state...
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Re: past arrest question
Then the answer is "YES" to the "have you been arrested?" question, and it will go easier if you disclose the arrest and provide documentation for the disposition.Gunsmoke wrote:To both of those questions the answer is no. However about 28-30 years ago I was arrested for petty theft
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Re: past arrest question
Also, if you call the courthouse or police department and they cannot find the records you should get a letter from the agency saying they cannot find the records. It shows you at least tried.jester wrote:Then the answer is "YES" to the "have you been arrested?" question, and it will go easier if you disclose the arrest and provide documentation for the disposition.Gunsmoke wrote:To both of those questions the answer is no. However about 28-30 years ago I was arrested for petty theft
That's what I had to do for one of my "youthful indiscretions" from my college days. Apparently in college towns (or at least College Station and Brazos County) they only keep alcohol-related class C misdemeanors going back a few years...or at least not back to the days when Reagan was still in the White House.
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Re: past arrest question
I have submitted my application and I did a complete disclosure on everything that I was arrested for. One of the charges was a Failure to appear. I pleaded "nolo contendere" to all the charges and paid the fines.
I stated this on my application and listed the dates I was arrested and paid the fine. I am assuming that was the correct thing to do. Is the FTA going to be a problem for me? It was back in Aug 06'.
I have a pink copy that I was given at the time of release. It shows that everything was paid. Is this the same as my disposition?
I stated this on my application and listed the dates I was arrested and paid the fine. I am assuming that was the correct thing to do. Is the FTA going to be a problem for me? It was back in Aug 06'.
I have a pink copy that I was given at the time of release. It shows that everything was paid. Is this the same as my disposition?
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Re: past arrest question
I have a friend who isn't allowed to drive in some part of CO anymore. He was going way over the speed limit and got caught. The officer's shift was about over and he didn't want to go back and fill out more paperwork, so he told my friend that he'd let him off if he never drove in <town or county, I forget which> again.WildBill wrote:I'll admit that this is kinda strange. It's like an old Western movie when the sheriff orders you to "Get Out of Town before sunset". Maybe this was how it was done in Kansas. After all, the poster's name is Gunsmoke.Oldgringo wrote:Is this a good thing or a bad thing? If your own state doesn't want you, who does?...expelled from the state...
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
Re: past arrest question
Cool story, Bro!Dave2 wrote:I have a friend who isn't allowed to drive in some part of CO anymore. He was going way over the speed limit and got caught. The officer's shift was about over and he didn't want to go back and fill out more paperwork, so he told my friend that he'd let him off if he never drove in <town or county, I forget which> again.
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