TexasCHLforum.com

Hi. I was looking at the application (http://www.bci.utah.gov/CFP/ccwapp.pdf) and noticed this statement:

"ALL APPLICANTS: Please answer “Yes� or “No� to all questions below. A complete criminal background check will be conducted including
expunged and juvenile court records. If you answer “Yes� to any question, attach documentation explaining your answer."

I have a expunged police and court records (for a single incident, which was placed on the stet docket) in a state which states "Expungement is the removal of police and court records from public inspection."

So I was wondering, when Utah authorities conduct a criminal background check do they have some "back door" available which allows them access to expunged records from other states?

Freedom4All wrote:"Expungement is the removal of police and court records from public inspection."

I think the answer is right there in the statement you quoted.

Those records always remain available for official use.

Kevin

Yes, that is true. On the Utah application, you MUST list all arrests, even juvenile offenses and expunged convictions. They will still be available on the background check, and Utah will want an explanation.

*I* do not have any personal reason to ask other than curiosity but is that the same for the Texas application?

Thanks for the responses. I knew that expungement didn't mean that the records were completely thrown out, I just though that they would only be available to authorities within the state of Maryland (that's were my incident occured).

For anyone whose curiosity has been piqued....

In 1986 my case resulted in deferred adjudication. Texas CHL law considers a deferred adjudication to be a conviction and, if not expunged, it would have to be listed on the Texas application. Since Utah will consider records that have been expunged I figured that I should call the good folks at Utah DPS and confirm whether or not they consider deferred adjudication as being a conviction. I spoke with someone who is one of the persons that process their CFL applications and was told that deferred adjudications (pleas in abeyance, in Utah-speak) are NOT considered convictions. So if I apply to Utah I will not have to check "yes" to any of their questions nor supply supporting paperwork. I further explained my incident to this person and was told that it would not disqualify me. Yeah!

Now I guess I just need to find a Utah instructor in the Austin area.