TexasCHLforum.com

Hi
This is my first post. I've been reading the forum for hours but haven't really found a solid answer for my question, so here it is...

Does an applicant who was arrested under a Texas Class A Misdemeanor which was quickly filed as "declined to prosecute" (DTP) and later expunged required to answer "Yes" on the CHL application question "Have you ever been arrested or charged with a crime?" (Regardless if pending, dismissed, committed as a juvenile, was long ago OR was in another state.)"

I understand the expunction of the arrest (remember, this is not an expunction of a conviction - just an arrest) permits the person under question to state it never happened unless under specific court circumstances and at that time, he/she is only required to state that it was expunged.

I can interpret it either way so I'm looking for someone (applicant or professional) who has specific experience in answering this question with an expunged arrest record that was never prosecuted versus the many posts that indicate a conviction that was later expunged.

Thanks!!
JAD

List it and show the final disposition from the court.

gigag04 wrote:List it and show the final disposition from the court.

And welcome to the forum JAD.

gigag04 wrote:List it and show the final disposition from the court.

If it's expunged, then it's not a reason to deny your application, as long as you list the arrest and document the disposition.

JustADad wrote:"Have you ever been arrested or charged with a crime?" (Regardless if pending, dismissed, committed as a juvenile, was long ago OR was in another state.)"

You have answered your own question. If you have ever been arrested (photographed and fingerprinted), there will be a record of it. You do NOT want DPS to discover this without you having disclosed it. It will not be a disqualifier, as long as you disclose it.

And, welcome to the forum!

Do not know if this will help but it is from DPS FAQ's #31

31. Should I list all arrests on my application, even if the cases were dismissed or I was found not guilty?
Yes. If your criminal history background check indicates an arrest but does not reveal a final disposition, DPS might have to check local records which is time consuming and could significantly delay your application. Always indicate the year, the offense, the location, the outcome and preferably the level of the offense, such as felony, Class B misdemeanor, etc. Attaching copies of the dispositions will help DPS process your application more quickly. Include information on cases that resulted in probation or deferred adjudication.

and welcome to the forum.
Later,
Art S.

I had some kind of low end misdemeaner hot check charge that had been dismissed from when I was 19 years old. I did not list it becuase I had forgotten about it. They actually questioned the issue and wanted a court record showing the disposition of it. There was none, it was 30 years ago. I could not figure out how they found something that the courts had no record of.

03Lightningrocks wrote:I had some kind of low end misdemeaner hot check charge that had been dismissed from when I was 19 years old. I did not list it becuase I had forgotten about it. They actually questioned the issue and wanted a court record showing the disposition of it. There was none, it was 30 years ago. I could not figure out how they found something that the courts had no record of.

You know how the government operates. There must be duplicate copies in storage somewhere.

WildBill wrote:

03Lightningrocks wrote:I had some kind of low end misdemeaner hot check charge that had been dismissed from when I was 19 years old. I did not list it becuase I had forgotten about it. They actually questioned the issue and wanted a court record showing the disposition of it. There was none, it was 30 years ago. I could not figure out how they found something that the courts had no record of.

You know how the government operates. There must be duplicate copies in storage somewhere.

There is probably a copy of the file buried in some file cabinet at the bottom of a basement in area 51 . They made me get a letter from the county court stating that I had no conviction for the charge. The lady working at the court thought it seemed silly but did it for me after I showed her the letter from the state, requesting a letter from the county court, stating I had no conviction for a charge that did not appear to exist. It was my one and only headache when getting my CHL. Other than the mad rush to get a CHL after Odumbell got elected. I think it took them almost five months to process my app. It was nuts!

If an arrest was made and the local District Attorney declined to follow through, there is NO disposition to declare.

The DA guy made a decision that the accusation wasn't with merit and would show a loss in his 'win/loss' record if his office were to proceed.

A phone chat with the good folks at DPS CHL License Dept said that an expunction order couldn't possibly erase all documents but did not require the applicant to disclose the arrest.

Or, so I was told. It happened to me. There may be some paper in a filing cabinet, but no arrest history on the computers. I have my Haz Mat endorsements on the Comm Drivers License and have my CHL.

A dilligernt search might reveal the arrest. That same dilligence would also reveal the failure to prosecute and the Expunction Order. There is no foul.

salty