Texas CHL Eligible or Disqualified

[NEB]

"I don't want to beat you up too much... "

Glad you got your questions answered.

--neb

[Chetter818]

Me to i really appreciate it. Got my app done and submitted online, Scheduled my fingerprints, then will take the course and mail everything else in. Big thank you to Mr. Cotton who took time out of his day to talk with me on the phone about my situation and help clarify alot. Thanks again Mr. Cotton good man right there.

[Texas1999]

<--- Criminal defense attorney here

You can seal the arrest and court case records from the public, but you cannot expunge them.

[WildBill]

<--- Criminal defense attorney here

You can seal the arrest and court case records from the public, but you cannot expunge them.

PM sent.

[Chetter818]

GC §411.174. APPLICATION. (a) An applicant for a license to carry a
concealed handgun must submit to the director's designee described by
Section 411.176:
(1) a completed application on a form provided by the department
that requires only the information listed in Subsection (b);
(2) one or more photographs of the applicant that meet the
requirements of the department;
(3) a certified copy of the applicant's birth certificate or certified proof
of age;
(4) proof of residency in this state;
(5) two complete sets of legible and c lassifiable fingerprints of the
applicant taken by a person appropriately trained in recording finger-prints
who is employed by a l aw enforcement agency or by a pr ivate entity
designated by a law enforcement agency as an entity qualified to take
fingerprints of an applicant for a license under this subchapter;
(6) a nonrefundable application and license fee of $140 paid to the
department;
(7) evidence of handgun proficiency, in the form and manner required
by the department;
(8) an affidavit signed by the applicant stating that the applicant:
(A) has read and understands each provision of this subchapter
that creates an offense under the laws of this state and each provision of
the laws of this state related to use of deadly force; and
(B) fulfills all the eligibility requirements listed under Section
411.172; and
(9) a f orm executed by the applicant that authorizes the director to
make an inquiry into any noncriminal history records that are necessary to
determine the applicant's eligibility for a license under Section 411.172(a).
(b) An applicant must provide on the application a statement of the
applicant's:
(1) full name and place and date of birth;
(2) race and sex;
(3) residence and business addresses for the preceding five years;
(4) hair and eye color;
(5) height and weight;
(6) driver's license number or identification certificate number issued
by the department;
(7) criminal history record information of the type maintained by the
department under this chapter, including a list of offenses for which the
applicant was arrested, charged, or under an i nformation or indictment 8 TEXAS CONCEALED HANDGUN LAWS

and the disposition of the offenses; and
(8) history, if any, of treatment received by, commitment to, or
residence in:
(A) a drug or alcohol treatment center licensed to provide drug or
alcohol treatment under the laws of this state or another state, but only if
the treatment, commitment, or residence occurred during the preceding
five years; or
(B) a psychiatric hospital.
(c) The department shall distribute on request a copy of this subchapter
and application materials.


So am i correct in reading this as to say that for the treatment history information you must submit on the application is only for the past 5 years yet the application says indicate any history. Any opinions?

[MarshalMatt]

"Any" means ANY...if you have ever had treatment for alcohol, drugs, psychiatric issues, etc. you must list it. You do not want to give them "any" reason to deny you and that would be grounds - failure to disclose.

[jbarn]

So am i correct in reading this as to say that for the treatment history information you must submit on the application is only for the past 5 years yet the application says indicate any history. Any opinions?

nevermind

[Chetter818]

The problem i have is i have no issue submitting the info but since i had to do a drug offender program and a short 2 times a week for an hour out patient program over 10 years ago. I contacted both facilities and they only keep records for 10 years so they have no way of knowing if i was there or not. And i contacted the records department for Harris county supervision to see if they had any records on me and they said due to the time difference between now my files would have been shredded shortly after completion and at they time they werent scanning documents to a personal file so there is no documentation from my probation. So i have no idea what to do now since i have to have letters from the physician/instructors or what have you stating that my status has long been completed.

[MarshalMatt]

The problem i have is i have no issue submitting the info but since i had to do a drug offender program and a short 2 times a week for an hour out patient program over 10 years ago. I contacted both facilities and they only keep records for 10 years so they have no way of knowing if i was there or not. And i contacted the records department for Harris county supervision to see if they had any records on me and they said due to the time difference between now my files would have been shredded shortly after completion and at they time they werent scanning documents to a personal file so there is no documentation from my probation. So i have no idea what to do now since i have to have letters from the physician/instructors or what have you stating that my status has long been completed.

Then you list that and explain it that way on your application. It won't be an issue, but failure to list it IS grounds for denial of your CHL if they find out. It is your chance to take....but you can't go wrong with disclosing that history.

[Chetter818]

Marshall Matt
I agree with you 100% on disclosing the information and i can explain it that away i am just concerned if they come back to me and say we need some sort of documentation that there isnt any available for me to be able to send to them. I already have it listed.

[Keith B]

Marshall Matt
I agree with you 100% on disclosing the information and i can explain it that away i am just concerned if they come back to me and say we need some sort of documentation that there isnt any available for me to be able to send to them. I already have it listed.

You can request a letter from the Harris County Court Clerk stating they have no records on the case. List the arrest on your app and send that letter stating no records along to DPS and that shoudl cover it.

[Chetter818]

Thats the thing i already have all the certified letters about the case that i will be sending in with the class completion form it is just the paperwork that was actually given to my probation officer regarding all the classes and community service i logged and the information on those lines that i can not get. And the district clerks office said they do not have anything pertaining to the actual probation side of it just the case and arrest record info.

[Chetter818]

So in short there is records of the case just no records from the probation office on anything that i completed or did during the 2 years i was under their supervision.

[Keith B]

Thats the thing i already have all the certified letters about the case that i will be sending in with the class completion form it is just the paperwork that was actually given to my probation officer regarding all the classes and community service i logged and the information on those lines that i can not get. And the district clerks office said they do not have anything pertaining to the actual probation side of it just the case and arrest record info.

Don't over think it. I would send a letter from the court showing their final disposition of the case, and a document from your PO showing when you completed your probation. Don't load them down with a bunch of other documents or it may slow down the process. Once they start working on your license, as long as you have listed the offense and provided that documentation you will more than likely be good to go. If during their investigation DPS needs additional info they will request it.

[Chetter818]

Yeah thanks for the advice. I have a tendency to read to far into things from time to time. I was just hoping for no hiccups or hold-ups. I have waited a long time to get my CHL and put alot of effort into turning my life around. But ultimatl i guess i should look at it like i have waited this long whats an addition 2-3 months.