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Class B Misdemeanor
Posted: Wed Feb 13, 2013 3:22 pm
by bwhitsonjr
Just curious. I was arrested for a Class B Misdemeanor for issuance of a bad check. I paid the check and the case was dismissed. I put this on the application of course. However I wonder I've done a DPS search and it's not online that I ever was arrested. This happened back in 2003. Since the case was disposed according to the lady at the local JP will I still be requested for docs to prove the case was disposed. My point is I never was charged with anything so will be this an issue in anyone's opinion?
Re: Class B Misdemeanor
Posted: Wed Feb 13, 2013 3:25 pm
by RottenApple
bwhitsonjr wrote:Just curious. I was arrested for a Class B Misdemeanor for issuance of a bad check. I paid the check and the case was dismissed. I put this on the application of course. However I wonder I've done a DPS search and it's not online that I ever was arrested. This happened back in 2003. Since the case was disposed according to the lady at the local JP will I still be requested for docs to prove the case was disposed. My point is I never was charged with anything so will be this an issue in anyone's opinion?
The CHL application asks for any arrests, not just convictions, so you do need to disclose that. You should also have documentation from the court as to the disposition of the case (convicted, dismissed, etc.) to provide to DPS.
Re: Class B Misdemeanor
Posted: Wed Feb 13, 2013 3:40 pm
by bwhitsonjr
Understand that. Just curious I figured our system is mostly electronic these days. Does the DPS not have access to that information on a system of sorts? That way there is no reason to have to provide proof.
Re: Class B Misdemeanor
Posted: Wed Feb 13, 2013 3:43 pm
by TexasCajun
DPS stance is that if you want the plastic, you need to do the work. Get your paperworkd & send it in as soon as you are contacted about it. They'll assign some sort of tracking number to your file & give you a more direct way to submit the information.
Re: Class B Misdemeanor
Posted: Wed Feb 13, 2013 6:55 pm
by seamusTX
Actually it's the law and has been since day 1:
Sec. 411.174. APPLICATION. (a) An applicant for a license to carry a concealed handgun must submit to the director's designee described by Section 411.176:
(1) a completed application on a form provided by the department that requires only the information listed in Subsection (b);
Note the word
only. It means DPS cannot require additional information such as your mother's maiden name or your favorite color.
Moving on to Subsection (b):
(b) An applicant must provide on the application a statement of the applicant's:
...
(7) criminal history record information of the type maintained by the department under this chapter, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses; ...
To the OP, bwhitsonjr, you won't have a problem. Probably you can get a statement from the county clerk that they have no record of your arrest or conviction.
That is a very common situation. So many minor offenses are criminalized, millions of people are cited or arrested every year for stuff like not having their dog vaccinated.
- Jim
Re: Class B Misdemeanor
Posted: Wed Feb 13, 2013 7:13 pm
by RX8er
If they don't have record of it, you can get a certified record saying as much. Here is a very popular letter I have seen on other sites.
******* * **********
123 Any Street
The Best City, TX 76111
Re: Record Request – ********, ****** DOB: 1/1/1901
Dear Mr. ************;
Using the information you provided in the request, I conducted a search of all existing Glendale City Court records and the Arizona Supreme court data base (
http://www.supreme.state.az.us/publicaccess" onclick="window.open(this.href);return false;) and found no information. As of the date of this letter, there are no outstanding matters with this court.
The search only covers Glendale Municipal Court records. The jurisdiction of this municipal court is limited to those cases involving city ordinance violations, civil and criminal traffic violations and misdemeanor charges.
Per the Arizona Supreme Court Retention Schedule, Administrative Order 2008-88, criminal misdemeanor cases are destroyed five (5) years after date of last court activity and civil traffic citations are destroyed one (1) year after the date of last court activity. The court would have no record for cases that have met the criteria and have been destroyed.
If you have any questions regarding this matter, you may contact the Court Records Division at (623)930-2441.
Sincerely,
Marcia Bradley
Court Clerk III
Records Division