Do I need to get an arrest record? How?

[cvl]

Do I need to provide an arrest record if I was dismissed of a felony in 2006? And a Deferred adjudification for misdemeanor fighting in public in 2005? If so, what is the best way to go about getting this documentation. Thanks a lot.

[Taltyman]

Not sure if this helps but my wife wanted to make sure her old crimes were not on her record so we went to the local PD, filled out some forms, got fingerprinted and they sent it off and we got the results back in about 6 weeks or so. It's basically the same check they do for a CHL from what I understand.

[Charles L. Cotton]

Do I need to provide an arrest record if I was dismissed of a felony in 2006? And a Deferred adjudification for misdemeanor fighting in public in 2005? If so, what is the best way to go about getting this documentation. Thanks a lot.

Yes, you will need "disposition" records on both. The process will differ depending on where these occurred, but generally you are wanting a criminal background check. That will show no felony conviction. Although a deferred adjudication is not a conviction elsewhere in Texas jurisprudence, it is specifically defined as a "conviction" for CHL eligibility purposes (Tex. Gov't Code §411.171(4)). Unfortunately,that means your "fighting in public" charge renders you ineligible for a CHL until five years after the "conviction." This is true even though it is a Class C Misdemeanor, due to the wording of Tex. Gov't Code §411.172(a)(8).

Chas.

[cvl]

(4) is not charged with the commission of a Class A or
Class B misdemeanor [u]or an offense under Section 42.01, Penal Code[/u],
or of a felony under an information or indictment;


Fighting in public is falls under Sec. 42.01. DISORDERLY CONDUCT.

I was 18 or 19 when this happened and it was my first time in jail. I just remember wanting to get out quick. I never thought this would come back against me. I will get my records and find the actual conviction dates. I have already paid for an online application and chl class. Hopefully I can stretch the deadlines of my application to meet the 5 years before eligibility. Thanks a lot.

[Charles L. Cotton]

Your on-line fee is good for one year; but your first TR-100 training certificate is good for two years. So if you take your class now, but if the 5 years on the Disorderly Conduct "conviction" doesn't expire until more than a year after you paid your on-line fee, then you'll have to pay that again.

Chas.

BTW, here are the controlling statutes.

Sec. 411.172. ELIGIBILITY (a) A person is eligible for a license to carry a concealed handgun if the person:

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;


Sec. 411.171. DEFINITIONS. In this subchapter:
. . .
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:

• (A) expunged; or
  
  (B) pardoned under the authority of a state or federal official.

Sec. 42.01. DISORDERLY CONDUCT. (a) a person commits an offense if he intentionally or knowingly:
. . .
(6) fights with another in a public place;

[cvl]

Thanks a lot Chas. I found a number to call on the Harris county website to order your documents over the phone. I should receive it faxed today, the same day I called.

[KSims1868]

Could you share that number?
I need to do the same thing.

[cvl]

http://www.hcdistrictclerk.com/Common/C ... opies.aspx" onclick="window.open(this.href);return false;

call 1-888-545-5577 to have them run a report and then fax.

I called and got the fax on the same day. The report will find all Felony and Misdemeanor A & B, but not Class C. Class C you have to email Houston municipal court and wait for them to contact you.

[cvl]

Just to update... I have all the documentation I need BUT.

My Class C fighting in public was not dismissed on March 18, 2005. I paid for my online application Feb 28, 2009. I am 18 days late on the 5 year anniversary. $150 down the drain. A few things that I am wondering:

1. Will I have to redo my fingerprints, photos, and everything else on the checklist. I already completed my CHL class with my online application packet?

2. How do you get a conviction expunged. My Class C was dismissed after deferred adjudication. Has anyone done this? How? Personal references are appreciated I live in Houston, TX 77083.