TexasCHLforum.com

luisjr88 wrote:i have almost the same situation my background check still shows under review my wifes chl was mailed out 2 days ago would me having an assault charge in 2004 affect my chances of getting a chl even if i wasnt prosecuted? would that cause the background check to take longer?

Yes, I would say that the background check would take longer if you listed an arrest. There would be more to check than a person without a record of arrest.

recaffeination wrote:

WildBill wrote:the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

It looks like the safest and most honest thing is to tell DPS it was expunged. If it's expunged it doesn't disqualify the applicant, and if DPS finds it then it doesn't look like the applicant was lying on their applicatiin or trying to hide somethng to trck DPS into giving them a CHL. Why risk it if they are legit?

It would probably make the application process go more smoothly.

I don't think the OP has an expunction, but I believe that he should contact a Florida lawyer to see if get one. After all of his time as a "good citizen" I would think he could find a sympathetic DA and a judge to sign the order. Depending on the results of his other search, it may be his only chance to get a Texas CHL.

My point of quoting the statute was to show the difference between "no records found" and expunging the records. My point is that denying that you have been arrested is "being honest" and "not trying to hide something" according to my interpretation of the law. As per usual, IANAL so I could be wrong.

I am no lawyer either, but just because the FBI or some other agency might be able to see the record doesn't mean that it's not officially expunged. Laws are different from state to state, but in Texas an expunged record means that you can swear under oath that you haven't been arrested. I agree with TexasGal that seeing a lawyer is the best idea.

http://www.statutes.legis.state.tx.us/D ... .htm#55.01" onclick="window.open(this.href);return false;

Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and (3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

tandd wrote:Thank you both for your input.
i will request an NCIC from the local PD.

IMO, you should also request a search from the arresting agency in Florida. I think that record or lack of would be the final say.