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CHL shows up in background check
Posted: Sat Aug 28, 2010 7:29 am
by alw
Talking with a co-worker the other day who does background checks on certain individuals...and they mentioned that a Texas CHL will show up in a background check. I was always under the impression that DPS would only release this information to other law enforcement agencies. I have also recently seen private investigators offering to to a CHL check on individuals in question.
My concern on this would be applying for a job and being screened out due to having a CHL after they run a background check.
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 8:08 am
by TXlaw1
alw wrote:Talking with a co-worker the other day who does background checks on certain individuals...and they mentioned that a Texas CHL will show up in a background check. I was always under the impression that DPS would only release this information to other law enforcement agencies. I have also recently seen private investigators offering to to a CHL check on individuals in question.
My concern on this would be applying for a job and being screened out due to having a CHL after they run a background check.
With your concern about this information being released and being used improperly by potential employers to discriminate again CHL holders otherwise qualified to do the job. Maybe they would be concerned about someone "going postal" just because they have the CHL. Though I'm my own boss, I'll be interested to see this thread develop for the sake of my fellow CHL holders. Thanks for bring it to our attention.
And welcome, alw, to the Texas CHL Forum, the place to find the answers to all you TEXAS CHL questions - and so much more!
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 8:28 am
by seamusTX
Government code 411.192 makes CHL records confidential except for use by law enforcement agencies. There is no legal way to get a list of Texas CHL holders.
This law was passed in 2007. Even before then, members of the public had to inquire about a specific person. They could not get a list.
You can get a list of CHL instructors; and you can pretty much take for granted that they all have a CHL (although that is not automatic).
Not every state has license confidentiality (though most do now). It is possible your colleague is talking about out-of-state licenses showing up.
Also, people who have access to the state criminal information system are not supposed to "run" people who are not suspected of a crime; but it is rumored that they do, for example, cops running guys that their daughters date.
Anyway, if you worry about everything that an employer might use to disqualify you from a job, you'll never get any sleep. Are they going to turn you down for having a mustache, tattoo, or body piercing? Owning a motorcycle? For hobbies? You probably don't want to work for a place run by a bunch of ninnies like that, even though jobs are hard to find these days.
- Jim
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 3:50 pm
by Embalmo
I will be applying for a teaching job in the near future, and yes, I do believe that having a CHL would disqualify me from getting a job in that environment if it were part of the background check. I would like to know where to get a definite 'yes" or "no" on this question.
Embalmo
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 5:23 pm
by seamusTX
Having a CHL would not "disqualify" you for a job. It might cause some bigot to prefer another candidate.
Some schools have shooting teams. They are not universally "anti-gun." It seems to be the urban public schools where the administrators are paranoid.
There are so many applicants for jobs now that it is impossible to know why someone is turned down.
The only thing I can think of is to have a background check run on yourself. You can get relatively cheap ones, which probably are what employers use.
- Jim
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 5:35 pm
by WildBill
Embalmo wrote:I will be applying for a teaching job in the near future, and yes, I do believe that having a CHL would disqualify me from getting a job in that environment if it were part of the background check.
First of all, I don't think a CHL will show up on a background check, but why do you believe that it would disqualify you from getting a teaching job? Because guns are not allowed at schools?
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 5:56 pm
by WildBill
seamusTX wrote:Having a CHL would not "disqualify" you for a job. It might cause some bigot to prefer another candidate.
The only thing I can think of is to have a background check run on yourself. You can get relatively cheap ones, which probably are what employers use. - Jim
In my experience, most employers don't run a background check until they have made the decision to hire you. It is just too time-consuming and expensive to use it as a screening process. The same for drug testing.
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 5:56 pm
by CC Italian
Should it show up in a background check? No!!! Can it show up in a background check?
Possibly. As far as I understand only law enforcement has access to these records even with consent of yourself to a background check but I could be wrong. You would be surprised what will come up in a background check. Credit score, relatives, medical and mental history. Credit card companies give out information on what you buy to businesses. They might not say what you buy but if you pay for a gun with a credit card it could show up EX. Bob's gun shop.
I know a few teachers who have CHLs. The thing is most live in a rural area and work in a rural school district where many teachers and principals have a CHL. The school board members are often politically leaning to the right. It would probably be more acceptable if a teacher had a CHL in that particular community.
Let’s just say I know someone who is very close to me and is a certified Texas school teacher and works for a public school district and is a CHL holder. When this person went to a job interview the topic never came up. If they find out would it affect your chances of getting a job as a school teacher? I would think so. I think many parents and school board members who are not fond of firearms would not approve of a chl holder teaching their kids.
All new Texas teachers are digitally finger printed on every finger and entered into The Integrated Automated Fingerprint Identification System, or IAFIS. I assume the Texas Board of Education knows your fingerprints are already on file from your CHL if they are told that when they send the info to IAFIS?
Either way do not advertise that you are a CHL holder to anybody in the school district. People like to talk and then before you know it somebody knows you have a CHL who is in a position to hire you.
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 6:16 pm
by WildBill
CC Italian wrote:Either way do not advertise that you are a CHL holder to anybody in the school district. People like to talk and then before you know it somebody knows you have a CHL who is in a position to hire you.
Or fire you.
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 6:32 pm
by jester
Embalmo wrote:I will be applying for a teaching job in the near future, and yes, I do believe that having a CHL would disqualify me from getting a job in that environment if it were part of the background check. I would like to know where to get a definite 'yes" or "no" on this question.
Embalmo
There's no way to get a definite answer what your background check shows without getting a copy.
The law is clear. 411.192 says your CHL status is confidential. Certain CHL information can be released to a criminal justice agency but DPS "shall" notify you of any request, including the name of the agency, or they're intentionally and knowingly violating Texas Law by failing to notify.
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 6:46 pm
by WildBill
jester wrote:Embalmo wrote:I will be applying for a teaching job in the near future, and yes, I do believe that having a CHL would disqualify me from getting a job in that environment if it were part of the background check. I would like to know where to get a definite 'yes" or "no" on this question.
Embalmo
There's no way to get a definite answer what your background check shows without getting a copy.
That is still not a definititive answer. The type of information that will show up get depends on the type of check that you are requesting and who is doing the search. Most companies contract our their security checks. Deeper and more detailed searches cost more money. School districts don't want to spend the money on background checks.
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 6:53 pm
by jester
I still think if you get a copy of the background check you know what's on
that background check.
For the teachers, if the ISD saves money by having the ISD PD run a background check, that could show your CHL.
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 7:02 pm
by CC Italian
Law enforcement is supposed to tell you when they check to see if you are a CHL holder. Is this correct? Then the question I pose is if you give that school district permission to do a background check aren't you also giving permission to their campus police (who are licensed LEO) to check if you have a CHL? Just a thought, cops work at all major school districts. Does a LEO agency have to tell you they accessed CHL info if you have already given them permission to do a background check?
Re: CHL shows up in background check
Posted: Sat Aug 28, 2010 8:12 pm
by tarkus
Laws are for the little people.
We know CHL status comes up when they run a DL during a traffic stop, but I don't know anyone who was notified by DPS when that happened, even though it's required by law.