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No arrest records showing.

Posted: Mon Dec 12, 2011 7:32 pm
by Gunner4640
I had an officer friend of mine check me on his work computer. I know for a fact I had a misdemeanor over 30 yrs ago and was convicted (bad check)
He checked me on TCIC and NCIC under my birthday and the first 3 of my ssn. Nothing shows at all under my name or dob. I do not know what to do and I do not remember where, when etc.. I am able to purchase a firearm no problem I bought 2. I do not want anything to be wrong on the app. Please help
Thanks

Re: No arrest records showing.

Posted: Mon Dec 12, 2011 7:43 pm
by speedsix
...if you remember the county, go to them and see if they can look it up...may be on microfilm being that old...if you can find it, great...if not, I'd tell them all I could remember about it...because if you don't and they stumble on it...then you omitted it...if you tell them about it and they can't find it...you're all good...spend a little time in a dark room with a hot cuppa coffee and something will come back to you...where you were working, how hard it was to pay off...I'll bet it made enough of an impression that you can pull the memory back up...you haven't lost it...
...according to GC 411.172(a)(8), if you haven't been convicted of a Class A or Class B misdemeanor or equivalent offense in the last five years, you'll be good to go...keep us informed about how it goes...

Re: No arrest records showing.

Posted: Tue Dec 13, 2011 10:08 am
by RPB
misdemeanor over 30 yrs ago and was convicted (bad check)
speedsix wrote:...if you remember the county, go to them and see if they can look it up...may be on microfilm being that old...if you can find it, great...if not, I'd tell them all I could remember about it...because if you don't and they stumble on it...then you omitted it...if you tell them about it and they can't find it...you're all good...spend a little time in a dark room with a hot cuppa coffee and something will come back to you...where you were working, how hard it was to pay off...I'll bet it made enough of an impression that you can pull the memory back up...you haven't lost it...
...according to GC 411.172(a)(8), if you haven't been convicted of a Class A or Class B misdemeanor or equivalent offense in the last five years, you'll be good to go...keep us informed about how it goes...
:iagree:
Contact the District/County Clerk in that County
If the clerk also can find no record, request a "certification of no record found".
I think I paid a dollar for one of those, and got my CHL after faxing it to the DPS.

===================================
In any event, unrelated to CHL eligibility, you should find out, as in Texas there are two types of "bad check" offenses.
You probably should find out which it was, for reasons of if you are ever suing or sued in a civil suit such as car accident injuries or any other civil suit.
"Issuance of a bad check" is not even a moral turpitude offense (meaning not admissible later in a civil suit)
"Theft by check" is considered a moral turpitude offense even if a misdemeanor and may be admissible, (or at least discoverable) to impeach credibility later in a totally unrelated civil suit.
=================================

So, contact the clerk in the county where the conviction occurred.

Re: No arrest records showing.

Posted: Tue Dec 13, 2011 10:14 am
by speedsix
...what RPB said would be LOTS quicker than waiting for DPS to search it all out... :thumbs2:


...don't say anything about your officer friend using his computer and NCIC for personal reasons like that...just last evening I sat with a retired Chief who told me a story of an officer who'd been found to have been using NCIC to "help" a local businessman...all he was doing was checking people out and telling the business what he found...somehow the state became aware of it and the officer got fired...the city involved could have been removed from the NCIC system because of that mis-usage...it ain't no simple favor kinda thing anymore...and this happened before the privacy law thing got so powerful lately...

Re: No arrest records showing.

Posted: Tue Dec 13, 2011 12:48 pm
by knljr
yeah, just find the county clerk and they can look it up for you. Be prepared for a few phone calls, downloading forms off the internet, mailing stuff, etc... It's not a fun proces. I had a couple from 20 years ago that I had to deal with - it was a pain the rear.

I don't know if the FBI search goes beyond and uses something else other than the NCIC but I'd imagine if you've been convicted of anything, they'll find it. And I agree - you definitely want to include the certified paperwork in your application and not leave it up to them to deal with it - it could take forever.

I submitted my application with two 20 year old misdemeanors and military experience (with top secret clearance which apparently always takes longer and is likely the reason I'd get flagged to wait on weapons purchases until I got my CHL) but I submitted with all the certified paperwork and included a one-page explanation of my offences plus a short update on what I've done since then. If you've done well for yourself, it can't hurt to personalize the application a bit. With all that, mine got through process in about 5 weeks. I was guesstimating two months...so worked out good.

Re: No arrest records showing.

Posted: Tue Dec 13, 2011 6:52 pm
by Gunner4640
Thank you all for your words of encouragement. I will see what I can come up with. The reason I joined this forum is because of the kind of reply I recieved on my post. I've read other posts and everyone on here is very kind and helpful. Thank you again I will update as info comes available. Go Texans! :txflag:

Re: No arrest records showing.

Posted: Tue Dec 13, 2011 7:49 pm
by gigag04
List what you know. He did not run your CCH, just checked you for warrants and your driving record.

Re: No arrest records showing.

Posted: Wed Dec 14, 2011 10:10 am
by RPB
speedsix wrote:...what RPB said would be LOTS quicker than waiting for DPS to search it all out... :thumbs2:


...don't say anything about your officer friend using his computer and NCIC for personal reasons like that...just last evening I sat with a retired Chief who told me a story of an officer who'd been found to have been using NCIC to "help" a local businessman...all he was doing was checking people out and telling the business what he found...somehow the state became aware of it and the officer got fired...the city involved could have been removed from the NCIC system because of that mis-usage...it ain't no simple favor kinda thing anymore...and this happened before the privacy law thing got so powerful lately...
:iagree: Don't mention what your officer buddy did. I've known an officer get in trouble running someone "as a favor" and it came up a hit ... they really aren't supposed to do that.