Possible Disqualifying Arrest Letter

[Oldmacbride]

Hello all, this is a great forum. When I was filling out my application I was confronted with some old arrests I was reluctant to list. I was picked up 2 times when I was 15-16 years old for doing stupid things that 15-16 year olds do (I am 29 now). Though I was picked up, I was never formally arrested, no handcuffs, no Miranda rights. Basically, just picked up so my parents could get me and dole out a real punishment (which they did). The PD told my parents and I that these offenses would not go on my record. My CHL instructor told me to list them just in case. I did and provided all of the info I could remember. I stated that there was no record of this and I even called the police departments involved who said the same thing. So, I get this letter saying that there are possible disqualifying arrests which are the ones I listed. I failed to complete disposition and issuance of CHL is delayed. It gives me 3 options, one that is relevant to me. "If the charges were dropped by the arresting agency, submit a certified County Clerk (misdemeanor) and District Clerk (felony) record search in the county were the arrest occurred, beginning with the year of your arrest to the present date that indicates no records were found. I called the County Clerk who very rudely I might add told me that I needed to go to the District clerk. I did, paid $6 for a Certificate of Record Search that says I have no criminal record from 1976 to present. I got this letter at the end of January and sent in and verified that DPS got it on Feb 2. Has anyone had something similar to this happen to them? If so, how much longer did it take to receive your license. I sent my application at the end of November 08. It has been in the Processing Application state since. Does a letter like that reset my 60 day processing time? I am reluctant to call them and start asking a bunch of questions, as I do not want any further delays. Any suggestions or input is appreciated.

Thanks,
Oldmacbride

[seamusTX]

Welcome to the forum.

I had pretty much the same thing happen, and I had no further trouble after getting that certificate from the court (1,200 miles away). I cant say whether it delayed my license by more than the time it took me to get the letter. That was long before the mix-up that started last year.

There is no telling how long it will take now. People are reporting times anywhere from 40 to 180 days. DPS is not consistently honoring the 60-day deadline set by statute. If they haven't issued or denied your license at the 60-day point, they can send you a letter explaining the delay. If you check the forum, you can see that DPS sent such letters to everyone whose background checks went through Harris County.

- Jim

[Oldmacbride]

Thanks for the input. I am in Harris county, I know hurricane IKE supposedly slowed down background checks. From what I have read, those letters only went out to September applications. I have never received one. Guess I need to hurry up and wait some more.

[seamusTX]

Too bad you're in Harris, but what can you do?

I'm starting to suspect that some applications are handled on a last-in-first-out basis. There's no other way to explain why December applicants are getting their plastic now and some from much earlier still have not.

- Jim

[Kawabuggy]

I'm in the exact same boat as you. Applied in April, confirmed packet received in May. Received the "we're so far behind that we are desperately seeking some excuse to hide behind-"Hello Ike!" letter. Then I got the "you've been arrested!-now we have another excuse for not processing your application within 60 days" letter.

It would occur to me that anyone going through the CHL class SHOULD BE TOLD THAT IF YOU HAVE ANYTHING ON ANY RECORD ANYWHERE IN THE WORLD THAT YOU NEED TO REQUEST THE CERTIFIED RECORD OF YOUR CRIMINAL HISTORY FROM ALL OF YOUR PREVIOUS STATES/CITIES OF RESIDENCE. That information should be submitted along with your packet. This, I feel would DESTROY DPS' option of using this as an excuse.

I wonder what would have happened had I submitted my certified record along with my original application... Would I still be at 300 days like I am right now......?

If something happens to me during this "Processing Application" time, and I am wounded or killed because I am not able to defend myself, I am giving explicit instructions to my wife, and also to my attorney to file a lawsuit on my behalf. I think the state should pay through the nose for what they are putting people through! If you really wanted to add some drama you could ask the question-How many lives have been lost as a result of people not being able to defend themselves whilst waiting on their CHL? How many more lives could have been saved had someone witnessing a crime been issued their CHL sooner?

I've got to go. Need to make some calls to my elected politicians.

[seamusTX]

It would occur to me that anyone going through the CHL class SHOULD BE TOLD THAT IF YOU HAVE ANYTHING ON ANY RECORD ANYWHERE IN THE WORLD THAT YOU NEED TO REQUEST THE CERTIFIED RECORD OF YOUR CRIMINAL HISTORY FROM ALL OF YOUR PREVIOUS STATES/CITIES OF RESIDENCE. That information should be submitted along with your packet.

Most instructors tell their classes that records of the resolution of each arrest should be submitted along with the application.

If you had done that, DPS would have continued processing your application instead of mailing you the request for records, whenever they did that.

- Jim

[Kawabuggy]

Jim, I was not told that during my class. Or, if it was mentioned I don't remember hearing it. I asked my friend who attended the class with me if he was aware of that and he said that he does not remember anything being mentioned about it. Of course he has never been arrested so it probably did not click in his brain even if it were mentioned.

I do have an update for you though, after speaking to Kay at Dwayne Bohac's office today, I received a call from DPS telling me that it was approved, and that it would be over-nighted to me at no cost. How's that for greasing the wheels!

Kay, I love you! Well, in as much as a complete stranger can love someone who has helped. I'll be calling her shortly to ask which charity, or organization, she would like me to donate to on her behalf.

[knightx]

congrats Kawa.....
looking at your "source" it's a safe assumption you are one of the "harris county" waitees (or former waitee)
what was your time frame for application prior to you contacting elected reps?

[seamusTX]

Great news.

- Jim