My CHL application and juvenile record--need some advice

[Nazrat]

An information is the alternative to a grand jury indictment. The DA can choose to file an information immediately for many crimes instead of waiting to present the case to the grand jury.

If you don't know what it is, you haven't had one filed on you. :)

[CHLSteve]

On page #3, item #17 of the blue CHL Application Instructions I have (dated 7/00) it states:

"Include information regarding any offense for which you were taken into custody by a law enforcement agency and fingerprinted, or any offense for which you were charged under an information or indictment." (emphasis added)

BUT......

Item #17 of the actual CHL application (dated 7/00) states:

"include any offenses for which you were arrested......"

IMHO - It would seem (HAH!) that a person reading the instructions while completing the application would NOT include any "events" with law enforcement unless they were fingerprinted or charged under an information or indictment.

I think you might be right--there does seem to be some missing information on the application, or at least some ambiguity. I know for sure that I was not figerprinted, and I left it off my app, and it was approved.

Maybe that's the proper litmus test of whether or not something should go on the app?

[srothstein]

An information is the alternative to a grand jury indictment. The DA can choose to file an information immediately for many crimes instead of waiting to present the case to the grand jury.

If you don't know what it is, you haven't had one filed on you. :)

Close, but possibly confusing to someone. An indictment is the official charging instrument returned by a grand jury. An information is the official charging instrument filed by a DA in cases where a grand jury is not needed. You have the right to a grand jury (and indictment) for all felonies. You do not appear to have this right (at least I cannot find it anywhere) for misdemeanors. Most D.A.'s use the information for misdemeanors and indictment for felonies. You can waive the right to an indictment for a non-capital felony if you are represented by an attorney, either in writing or in open court. In those cases, you can be charged by an information for a felony.

You cannot waive most of your trial rights in a capital case where the D.A. is seeking the death penalty. You cannot waive the indictment or the trial by jury.

You know, when you read the Code of Criminal Procedure, you can find some really interesting stuff about your rights in a criminal case.

[Nazrat]

That's why I don't practice criminal law. I try not to read the CCP unless absolutely necessary. :)

I was trying to give a working definition that will work for most purposes. Thus, the many crimes hole in the definition. ;)

[lawrnk]

Do they not have to inform you that you are "under arrest?"

If the police stop you, you have been arrested. It's not necessary to be fingerprinted, photographed, or "booked."

However, most likely no record of this type of juvenile arrest can be found.

When I was a kid, which was more than 30 years ago, the Chicago police would write down the subject's name and address with a brief comment on a clipboard that they carried. I don't know what happened to those logs, but I doubt they were ever computerized. They probably rotted in a basement or were shredded during housekeeping.

I don't know what is done these days. Perhaps a LEO will inform us.

If you list this type of undocumented arrest, DPS will tell you to get a certified letter from the clerk of the court stating the disposition of your case. If you get a letter from the county clerk saying that they have no record, that will probably suffice.

- Jim

[seamusTX]

Do they not have to inform you that you are "under arrest?"

No. At the moment they stop you, you are under arrest. Google Atwater v. Lago Vista.

- Jim

[fadlan12]

Just fill it in, they will send a request to the department and if its that old it will likely not be in records and thats a pass. Better than not disclosing and them finding it. You are well out of the time frame that it could affect you.