Questions about background check....

[Oldskoolfan]

Hello all. I am possibly moving to Texas for graduate school. I had a couple of questions about the Texas CHL laws. Particularly the background check.

A few years back I was quite a hell-raiser and a little punk. I was arrested for unauthorized use of a credit card (in 1999), criminal damage to property (in 2000), and misdemeanor theft (in 2001). Since then I have cleaned up my act and am going to graduate college as well as kept my nose clean. I am going to be 27 in September and have not gotten in trouble since 2001. My only interactions with law enforcement have been traffic related. I am curious as to whether these past crimes will prohibit me from getting a CHL in the state of Texas. I have had my record expunged except for the misdemeanor theft crime, so do I even have to report it? I was told that these things are no longer in my record and that no government agency would access to them except Federal Agencies doing background investigations (FBI, CIA, NSA, and DHS). Is this true, should I even report it to Texas DPS when I apply?

Otherwise I have no background issues or any other criminal history. I have been purchasing guns since 2002 with no problems and no hassles.

Thanks for all the information.

[seamusTX]

Welcome to the forum.

The state wants you to report all arrests for which you were fingerprinted and photographed, regardless of the outcome (convicted, acquitted, or expunged). It's a little more paperwork to do what they want.

- JIm

[Oldskoolfan]

Thanks for the information. So I just have to get something from the arresting agency? What if they have no record of it? I know that when a friend of mine on the police department ran my information, only one thing came up. He said that there was nothing else on my record. I am going to have to find the old papers I got from them in regards to the issue.

Once again thanks for the information and any help is appreciated.

[seamusTX]

DPS wants the final disposition of the case from the clerk of the court in the county were the arrest occurred. When your arrest record has been expunged, the disposition will be unavailable. Then you need a letter from the clerk of the court saying that they have no record of a conviction.

I was in exactly this situation. I got it taken care of with a couple of letters to various parties.

- Jim

[Oldskoolfan]

I actually checked the Texas DPS website and it says that you do not need to reveal any expungements. Here is the information:

For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

1. A felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment; and

2. A Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment. "Convicted" means an adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not:
1. 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 which has been subsequently:
1. Expunged; or
2. Pardoned under the authority of a state or federal official;

Code: Select all

I got it from the following link...

http://www.texasonline.state.tx.us/NASA ... AppManager

Just click the little "For More Information" link under question 6.

Thanks for all of the information. Any more advice is appreciated. I will call and ask tomorrow. But otherwise I will ask for the letters. Thanks for all of the help.

Is there a forum for general information as well? I spoke with my family in El Paso today and I would like to get more information on the area. Is there a forum where I could do this?

Once again thanks for all of the help.

[seamusTX]

If the record was expunged, you were not convicted, but you were arrested. At one time, expunction meant that your arrest record was physically shredded. With the use of computers in the past few decades, you can never be sure that all records are deleted.

- Jim

[Oldskoolfan]

You are correct. I found out the hard way on that one.