Question--Need Advice

[texasccw]

I was arrested when I lived in Ca. 16 years ago for curfew. I never received any court papers so I never went to court so I think the charges are still in limbo within the system. I lived in Ca. for about 2 more years after that and my sister still lives in that home. I have already sent in my fingerprints and a request for info. to see if there is anything that I need to do to get this cleared. If it is even there.
Now the question. Should I go ahead and submit my application and resolve any issues if any come up or should I wait for the response from California? The wait time seems to be about 90+ days for CHL applications. I don't want to wait maybe another 60 days for a response from Ca. and then another 90+ for the CHL. Any suggestions? Any advice would be appreciated.

[seamusTX]

When you were arrested, were you fingerprinted and photographed (that is, "booked")? You have to disclose an arrest on your CHL application only if you were fingerprinted and photographed.

When I was a kid, when the police arrested a kid for curfew violation, they just took him to the station and called his parents.

If you put an arrest on your application, you will have to submit a disposition. If you don't include the paperwork with your application, DPS will ask for it.

You're basically looking at a paperwork race between two turtles whichever way you go.

- Jim

[HerbM]

Were you convicted of ANYTHING?

Curfew cannot possibly be (can it?) a serious misdeanor nor felony, even in the People's Republic of Kalifornia. Were you charged formally? How old were you? Sounds like something only a juvenile can be charged with anyway. About like a speeding ticket probably.

One of the experts, instructors or lawyers, will give you a better answer but you did right to investigate it, and I cannot imagine you need to wait if there are no charges for anything serious nor a serious conviction pending.

Seems like speedy trial or statute of limitations would expire on anything minor unless you are a fugitve from a warrant

Of course I am not a lawyer and don't even play one on the Internet, except for Constitutional Law.

And: Welcome. Stay safe. And watch those curfew violations.

[seamusTX]

Curfew violation cannot possibly be a disqualification for a Texas CHL. It is the equivalent of a class C misdemeanor.

The problem is that DPS wants a disposition for every arrest, even if conviction could not be a disqualification (less than a class B misdemeanor, or more than 5 years in the past). That might be a good thing to eliminate by some future legislation or rule change.

- Jim

[texasccw]

I was 16 at the time and am now 32. I was booked and there was no disposition since I never went to court. I think Jim put it best by saying its gonna be a paperwork race between two turtles! Damn, that makes me angry why didnt he just call my momma to come pick me up! heh. So should I send in the application or not?

[seamusTX]

I stopped giving advice after I told the pilot of the Titanic not to worry.

Here's the math:

If you send the application now, without the disposition, DPS will ask you for it in a month or three. By then, you may have received it from California. DPS can then resume processing your application at the usual meteoric speed.

If you wait for the disposition, then send it with your application, DPS won't spend a week or so going back and forth with you when they process the application.

- Jim

[texasccw]

Thanks, Jim. Im going to send it in and hopefully I will have aresponse once they request it. Thanks for all your help.