TexasCHLforum.com

But, unfortunately, we are not a protected class. So, if someone wanted to discriminate against a CHL by firing or not hiring them they could. I hope my status would not show up on some level of background check.

I personally have had a background check done on myself by non-law enforcement that showed a line for CHL (yes/no) so it is possible. It wasn't for a job application and was around summer 2009.

I did an online check on a prospective employee last week through a detective company and the CHL was on the form I received back. I was not aware this was supposed to happen.

It puzzles me that people would use CHL status to discriminate against someone. Doesn't it mean that the licensee already passed perhaps the most strenuous background check possible?

newm1950 wrote:I did an online check on a prospective employee last week through a detective company and the CHL was on the form I received back. I was not aware this was supposed to happen.

That's actually very disturbing. Have you considered counseling the detective agency that accessing and revealing the information is illegal? I ask, because you have been given something you're not supposed to have, and you should inform them that you don't want the liability of that.

Source: http://www.txdps.state.tx.us/administra ... hlfaqs.htm

Can others find out if I am licensed to carry a concealed handgun?
No. Information on individuals who are licensed to carry a concealed handgun is confidential and not subject to requests under the Public Information Act. However, the Department may release information about a concealed handgun licensee to criminal justice agencies.

Something isn't right there...

I will be applying for a teaching job in the near future, and yes, I do believe that having a CHL would disqualify me from getting a job in that environment if it were part of the background check. I would like to know where to get a definite 'yes" or "no" on this question.

Embalmo

Hey Embalmo,
Just wanted to let you know that in Houston having a CHL does not disqualify you from a teaching position, my step-mom has been a teacher for HISD for many years while having her CHL. In fact I know that the background checks that the districts do these days are through internet companies that provide questionable info anyways. The info is not very detailed because my fiance was applying for teaching jobs and a district turned her down for having a DWI on her record that she never got. The DWI was a girl with the same DOB, first and last name as her but in Pennsylvania. Now she has never even been to Pennsylvania but the district disqualified her for that. Once we cleared it up (a huge hassle) she had already been offered a better teaching job anyway with a district that does more stringent checks. In short I wouldn't let that worry you, as I said my step mom has had hers for a long time while teaching and she has had no problems.

On the other hand it is really lousy that this supposed confidential information is just floating around out there for everyone to see. I guess that's what it has come to these days though.

The language making it confidential information is pretty clear, but is there any language delineating the consequences if that confidentiality is violated?

My husband pointed out that Texas has confidentiality laws but other states do not. Is it possible they are pulling from those states who make their databases public?

This was all I could find in the law:

Source: http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf

GC §411.178. NOTICE TO LOCAL LAW ENFORCEMENT. On
request of a local law enforcement agency, the department shall notify
the agency of the licenses that have been issued to license holders
who reside in the county in which the agency is located.

GC §411.192. CONFIDENTIALITY OF RECORDS. (a) The department
shall disclose to a criminal justice agency information contained
in its files and records regarding whether a named individual or any individual
named in a specified list is licensed under this subchapter. Information
on an individual subject to disclosure under this section
includes the individual's name, date of birth, gender, race, zip code,
telephone number, e-mail address, and Internet website address. Except
as otherwise provided by this section and by Section 411.193, all
other records maintained under this subchapter are confidential and
are not subject to mandatory disclosure under the open records law,
Chapter 552.
(b) An applicant or license holder may be furnished a copy of disclosable
records regarding the applicant or license holder on request
and the payment of a reasonable fee.
(c) The department shall notify a license holder of any request that is
made for information relating to the license holder under this section
and provide the name of the agency making the request.
(d) The department shall make public and distribute to the public at
no cost lists of individuals who are certified as qualified handgun instructors
by the department and who request to be included as provided
by Subsection (e). The department shall include on the lists each
individual's name, telephone number, e-mail address, and Internet
website address. The department shall make the list available on the
department's Internet website.
(e) An individual who is certified as a qualified handgun instructor
may request in writing that the department disclose all or part of the
information described by Subsection (d) regarding the individual. The
department shall include all or part of the individual's information on
the list as requested.

I could find nothing as regarding penalties for disclosure to non-LEO.

The Annoyed Man wrote:

newm1950 wrote:I did an online check on a prospective employee last week through a detective company and the CHL was on the form I received back. I was not aware this was supposed to happen.

That's actually very disturbing. Have you considered counseling the detective agency that accessing and revealing the information is illegal? I ask, because you have been given something you're not supposed to have, and you should inform them that you don't want the liability of that.

It might depend on how they're getting the information as to whether it's illegal or not. The only law I'm aware of on the subject states that CHL information is not public information subject to an open records request. It doesn't provide for any penalties for a private entity, such as a background check agency, from disclosing the information if they have it. It also doesn't specifically make it illegal for them to obtain the information, just that they can't get it through open records.

Now, the way they obtain the information might be illegal, for example if they're somehow querying databases that are restricted to law enforcement use, like TCIC.

Brian

This is like most of the provisions of law that determine how state government functions. There is no penalty for failing to comply with them.

It's like the requirement that CHLs be issued in 60 days.

There are two avenues for redress:

• If an official or agency is willfully in violation of the law, you can go to court and get an injunction compelling them to comply.
• The state legislature can call hearings and get the noncompliant official dismissed. That seems to have happened with DPS

Unfortunately, in the case of revealing CHL status, you can't put the cat back into the bag.

My feeling on the issue is similar to my having a beard and pony tail: I really don't want to work at a place that wouldn't hire me because of those things. Being out of work stinks, but having a lousy job with a lousy boss is also torture.

- Jim

Lots of stuff used to be hidden deep in the bowels of several ledgers and required a long visit to county hall of records. Some of those records are just best guess conjecture and can not be expunged.

For example, a gent with the same surname, but different in every other category imaginable, used the serrvices of Ace Bail Bonds. That same gent absconded and didn't make his trial date. The good folks at that Bonding Agency, intent on recovering their loss, or intent on revenge, placed a lien on my home. The footlose gent and I do have the same surname, but thats all we have in common.

This little mix-up was discovered when we applied for a second mortgage somewhere back in the mid 80s. It took lots of digging on the part of the bank, me, and a cooperative records clerk to get this information.

These ledger entries can not be expunged, erased, modified, etc. Its still there. I did provide the bank/mortgage co. with a stmt to that effect. All was well ...kinda.

There was some protection when information was difficult to obtain. Now, the accusations are computer accerssable with a click, password, and annual pmt to a public data access base.

I can provide a first blush inquiry into arrests and court decisions, civil and criminal. The deeper the inquiry, the more expensive the search. If you have a barber's license or a license to drive an airplane, I can find it. So can you. CHL is supposed to be protected. I don't know. If your license plate is visible, a first blush inquiry will reveal who, where, when, amt paid, who lent you the money( title holder) and your address.

Demographic marketers get into it also. It you attend a ball game or six flags, marketing folks will eventually know how far that vehicle drove to attend the event.

I pay my annual fee to access the public records. I gotta keep up with my namesakes. No worry about keeping up with the Joneses, just trying to keep up with the folks who try to divert their mess in my direction.

The last I heard, a gent using my surname had gotten into difficulty with the Los Angeles Sheriff. This time, my accurate name, ssn, dob, and home address were given to the LA Sheriff Dept. I even heard from his attorney. I don't know how this gang banger drug peddler got this info. But, its out there. So is yours.

salty