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Past arrest, not documented by court.
Posted: Wed Jun 01, 2011 2:58 am
by goat
Im have a question here that Im stuck on. In 1998 I was arrested on Aggravated Assault charges, it was a "teach me a lesson" bull by an ex-girlfriend while in college. I spent the night in jail (Warden was deer hunting, had to wait for him to sign me out) and released the next morning. No bail, no charges, nothing. It became obvious that it was a crap charge during questioning that they considered filing against her for false charges. Fast foward to the present, this arrest come up on my FBI background check. Not really surprised so I call the county clerck office to get a copy of judgment from the court. They have no record of the arrest!!! Talk to be people at the CHL office via the phone number and they say with out one my application cant be approved. Call the county clerk back and she says theres nothing they can send since they have no record of me. Basically Im going back and forth. Whats's my next step? Im FF/EMT so my back ground is clean as can be besides this one insident.
Re: Past arrest, not documented by court.
Posted: Wed Jun 01, 2011 8:28 am
by Charles L. Cotton
Welcome to the TexasCHLforum goat.
As glock27 said, just get a letter from the clerk saying they have no records on you and you'll be fine. You may not have been "arrested" as DPS defines the term for CHL application purposes. DPS only considers an arrest to have occurred when you have been fingerprinted and photographed.
Have you already applied for your CHL?
Chas.
Re: Past arrest, not documented by court.
Posted: Wed Jun 01, 2011 9:30 am
by Dave2
Kinda OT, but is there a way to get these things off your record so that you don't have to hassle with them anymore? Seems like if they can go to the trouble of keeping track of arresting you, they might as well be thorough about it and have a little "oops, our bad" note in there, too.
Re: Past arrest, not documented by court.
Posted: Wed Jun 01, 2011 5:12 pm
by goat
Thanks for the replys, Im going to call them in the morning to see what I can get done and maybe they will be nice enough to mail it to me. Save me about a 5hour drive round trip.
Chas-Yes I already applied for my CHL. Class was March 6th and just got the letter from DPS yesterday, May 31. Mom and newphew took the class with me and they already have their plastic.
Dave2-Your right and I need to look into it. Ive been finger printed about 5 time in the last 9 months for school and certification and such and did a personal background check through the dps, it came back clean. This is the first time this have even shown up on anything that Im aware of. Ive never even had a problem buying a handgun before.
Re: Past arrest, not documented by court.
Posted: Wed Jun 01, 2011 5:16 pm
by Charles L. Cotton
goat wrote:Chas-Yes I already applied for my CHL. Class was March 6th and just got the letter from DPS yesterday, May 31.
Call me. 713-228-0700 (Office).
Chas.
Re: Past arrest, not documented by court.
Posted: Wed Jun 01, 2011 10:28 pm
by srothstein
Dave2 wrote:Kinda OT, but is there a way to get these things off your record so that you don't have to hassle with them anymore?
Sort of. Under some circumstances you can get a court to order that your record be expunged. The rules differ for types of arrest and so on. The biggest problem is that it takes a decent lawyer and some money. The second biggest problem is that once your record is expunged you are supposed to be able to answer that you have never been arrested (legally, the arrest did not happen) but if DPS gets wind of the arrest somehow and you did not list it, they might claim you lied on your application and deny you for that. It can turn into more hassles than it is worth, sometimes. It really is a personal judgement call on the costs benefit analysis of it.