New Application - General Questions...

[knljr]

Hello,

New the process here - been reading up trying to get my ducks in a row...

I guess my first/big question is - how do you obtain the paperwork that goes along with an arrest? In the application (and what I've read in other posts) they call it a disposition? I checked myself on this page: https://records.txdps.state.tx.us/DpsWe ... alHistory/" onclick="window.open(this.href);return false; and nothing comes up for me. I was arrested for shoplifting a pair of jeans as a 16 year old (I'm 40 now) and here's the one I'm worried about...I shot a migrant worker with a pellet gun when I was 18 (back story: these were guys that did our yard and yards around ours and he consistently harrased my little sister when she got off the school bus when they were around...whistling at her and such...I honestly didn't know the pellet gun could do the damage it did from as far away as I was (probably 50-60 yards or so...really a dumb luck shot to even hit...and I was hiding of course) but the pellet lodged in his arm and he filed charges)...it hurt him pretty bad and they originally charged me with an assault felony but dropped it to a Misdemeanor (Class A or B, can't remember...) and I did probation. It didn't hurt that I had a good attorney and was in the deferred enlistment program to join the Navy. Big mistake on my part - have regretted that my whole life.

Anyway, I can't figure out why nothing shows up in that database on me. The shoplifting charge was deferred adjudicated. That said, I have no idea what this 'disposition' is that I'd have to produce and send it along with my application. How do you get those? Through DPS or the county clerk at the courthouse in the county or what?

Also, I'd like to make sure that I pass all that background stuff before I go through the classes and all that - no sense in wasting all the time if they aren't going to pass you through, correct? Is is possible to do that? Most people I see on here go to the CCL course and then submit all the paperwork as a part of the class. Is there a way to do the background first?

I don't currently own a handgun, but I've talked to folks who have been in more trouble/more recently than I have and were able to purchase a gun so I don't think I'll have any problems. From the looks of it - as long as you haven't had any problems in the last 5-10 years, it looks like pretty smooth sailing. I was planning on going tomorrow to purchase one regardless of whether or not I can get the CCL permit.

Thanks in advance!

[Crossfire]

Welcome to the forum!

Neither of those two events, that long ago, will keep you from getting your CHL.

You will get your disposition paperwork from the County Criminal Court Clerk in the county where you were processed. Call them up. You may have to go, in person. Different counties, different procedures. If they don't have your paperwork, they will tell you who does. Now, this part is important - If they say there is no record on you, then you need a letter from them stating they have no records on you.

[v-rog]

Unfortunately, DPS will not begin your background check until all of your paperwork is submitted including the forms from the CHL class.

Hello,

New the process here - been reading up trying to get my ducks in a row...

I guess my first/big question is - how do you obtain the paperwork that goes along with an arrest? In the application (and what I've read in other posts) they call it a disposition? I checked myself on this page: https://records.txdps.state.tx.us/DpsWe ... alHistory/" onclick="window.open(this.href);return false; and nothing comes up for me. I was arrested for shoplifting a pair of jeans as a 16 year old (I'm 40 now) and here's the one I'm worried about...I shot a migrant worker with a pellet gun when I was 18 (back story: these were guys that did our yard and yards around ours and he consistently harrased my little sister when she got off the school bus when they were around...whistling at her and such...I honestly didn't know the pellet gun could do the damage it did from as far away as I was (probably 50-60 yards or so...really a dumb luck shot to even hit...and I was hiding of course) but the pellet lodged in his arm and he filed charges)...it hurt him pretty bad and they originally charged me with an assault felony but dropped it to a Misdemeanor (Class A or B, can't remember...) and I did probation. It didn't hurt that I had a good attorney and was in the deferred enlistment program to join the Navy. Big mistake on my part - have regretted that my whole life.

Anyway, I can't figure out why nothing shows up in that database on me. The shoplifting charge was deferred adjudicated. That said, I have no idea what this 'disposition' is that I'd have to produce and send it along with my application. How do you get those? Through DPS or the county clerk at the courthouse in the county or what?

Also, I'd like to make sure that I pass all that background stuff before I go through the classes and all that - no sense in wasting all the time if they aren't going to pass you through, correct? Is is possible to do that? Most people I see on here go to the CCL course and then submit all the paperwork as a part of the class. Is there a way to do the background first?I don't currently own a handgun, but I've talked to folks who have been in more trouble/more recently than I have and were able to purchase a gun so I don't think I'll have any problems. From the looks of it - as long as you haven't had any problems in the last 5-10 years, it looks like pretty smooth sailing. I was planning on going tomorrow to purchase one regardless of whether or not I can get the CCL permit.

Thanks in advance!

[knljr]

Thanks - good to hear that.

So, I didn't make any calls yet - but searched around and found that my offenses are available through the public search database online.

Is the detailed printout (which includes full detail of the case - including case #, case details, defendant status, activities (including all dates), court details, etc...) an acceptable document to submit with the CHL application or is there some other special or unique form that needs to be completed.

Here's the database for Harris County (Houston) for example: http://www.hcdistrictclerk.com/eDocs/Public/Search.aspx" onclick="window.open(this.href);return false;

If you go to the 'criminal' tab you can just type in any last name and get a bunch of records and click through to see the level of detail they provide.

Thanks so much!

[AEA]

If it does not contain the final disposition of the case, is is not sufficient.

[knljr]

Thanks - not sure what exactly I need then. Is the clerk going to have different information? Why wouldn't that be in the record?

As for 'final disposition' - I'm not sure what that means. The record I'm looking at clearly shows the timeline - from the date of the offence, bail bond information, fine information, plea and deferred adjudication.

The assault was in Fort Bend County and it has a full section called "Dispositions" that shows the offence along with "Concvicted" "Guilty" and then a (1 Year Conviction REDUCED TO MISDEMEANOR 1 year probation). The format of their form seems to be a little different - but I'm struggling with exactly what information I need to present the proper forms as to not unneccesarily delay the process.

Thanks again.

[AEA]

You need the County Court Document showing Disposition, from the County Court, issued and signed by the County Court Clerk.

[knljr]

Thanks...I called both clerks and I think I've got it squared away. Unfortunately, the events took place so long ago they have it archived on microfish or something so it's going to take longer than expected to get it back to me. I guess they only keep the last 10 years in the cabinets or on computers...

I went to purchase a handgun today and got a delay. Not suprised, I guess.

[bkj]

E-mail your questions to chl@txdps.state.tx.us before you spend any money

[Jusster]

I have no idea what this 'disposition' is that I'd have to produce and send it along with my application.

I just recently got my CHL too...well if you conceder the beginning of last month recent

Anyway, I had similar issues as you and you should have no problem getting yours (You live and you learn I guess). Quick question, are you planning on filing online? If not, I suggest that you do. You really do not need to send in your disposition (I didn't). It might be quicker if you do, but considering they will check anyway, I'm not really sure that it is. You will need your disposition for yourself for sure so you can ensure you're entering the correct info when prompted to do so online. It took me 31 day's from the time they received my app until plastic on hand.

Hope this helps,

Jusster

[knljr]

Thanks man - I was thinking about doing this. I have the info for both infractions - case numbers, etc... and can include that in the 'notes' section. I was under the impression that they would just call you and delay the process waiting for the proper paperwork because they could not look it up for themselves, didn't have time to do that, etc... The interesting thing, as I mentioned, in my first post I posted a link to the DPS search - I didn't find anything in there...I guess that's just for traffic related infractions? Who knows...

Anyway, I might just go ahead and do it online and hope for the best then...I'm gonna wait and make sure the NICS delay gets pulled and I can get my new HK P30 first before moving any further...

Appreciate all the responses so far...thanks.

[knljr]

...the only other thing I'm worried about is...

On the felony that got dropped to a misdemeanor (doesn't say which class anywhere...) in the disposition section I read the following:

Probation/Community Supervision
1. AGGRAVATED ASSAULT WITH A DEADLY WEAPON
Comment: 1 year conviction REDUCED TO MISDEMEANOR 1 year probation

I recall reading on the 'rules' that if you had any conviction that COULD have a sentence 'longer than a year' that you are disqualified. Would that include the above?

[knljr]

Jusster - did you wait to do the online application until after you had done the fingerprinting AND taken the CHL course - or can you go ahead and do the application first and then follow it up later with all the other paperwork and such?

[MasterOfNone]

...the only other thing I'm worried about is...

On the felony that got dropped to a misdemeanor (doesn't say which class anywhere...) in the disposition section I read the following:

Probation/Community Supervision
1. AGGRAVATED ASSAULT WITH A DEADLY WEAPON
Comment: 1 year conviction REDUCED TO MISDEMEANOR 1 year probation

I recall reading on the 'rules' that if you had any conviction that COULD have a sentence 'longer than a year' that you are disqualified. Would that include the above?

Refer to GC 411.172:

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

It seems to this layman's eye that as long as the offense is aggravated assault, it would meet (b)(1)(A). But if they reduced it and convicted you of assault (not aggravated), you could be OK. But I would still want DPS to weigh in to possibly save you the application fee if you are ineligible.

[MasterOfNone]

Jusster - did you wait to do the online application until after you had done the fingerprinting AND taken the CHL course - or can you go ahead and do the application first and then follow it up later with all the other paperwork and such?

I'm not Jusster, but I'll field this for you. Your application must be in the DPS system before getting fingerprints taken. And since the online application provides you a checklist of items to mail in, you want to do it before mailing your supporting documents. The class can be done before or after the application, but the certificate of training you get from the class must be mailed as part of the supporting docs.

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