It was an arrest in the official sense but not in the cuffed and taken in sense. That's why I was trying to convey in parenthesis, but perhaps that was less than clear. It was a class B misdemeanor. Because with a conviction it is implied you have been arrested, I put that down on my application. I mentioned that one instance because I have heard some people say that an arrest doesn't count if you haven't been taken in and processed. They normally refer to tickets for moving violations and MIP/MIC type things, but I wanted to caveat that generalization for the OP in case it was pertinent to his situation, not to mention document it for posterity.
Edited for grammer
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Return to “Sealed record disclosure”
- Sat Dec 24, 2011 3:40 pm
- Forum: General Texas CHL Discussion
- Topic: Sealed record disclosure
- Replies: 23
- Views: 5973
- Fri Dec 23, 2011 10:46 pm
- Forum: General Texas CHL Discussion
- Topic: Sealed record disclosure
- Replies: 23
- Views: 5973
Re: Sealed record disclosure
As I recall from my personal experience is that the arrest can be expunged, where by a judge's order is sent to all LE departments relevant to the arrest ordering the destruction of all files related to the arrest. After this you can claim in all instances except under oath in criminal court, you were not arrested (even in that exception, you may say only that it was expunged). This has no bearing on a conviction just the arrest. If the resulting conviction/no contest has a non-disclosure order on it, that hides it from anyone searching your record except for some government entities such as law enforcement related ones for example. You may put down "no" on questions regarding an arrest, but the final disposition on the class A will be found. Some may say to put "yes" on the arrest part, but your court order says you may legally say "no".
In my past I've had a conviction for something that I wasn't arrested for (taken downtown as it were), and also an arrest for something I wasn't convicted of (rightly so I might add). I left out the arrest because it was expunged. I did include the conviction disposition info from the other instance, however. The final disposition had a non-disclose order but if you do a bit of research you will see DPS is an agency that is not "blocked" by this. I was lucky enough to have already passed the 5 year ban by the time I wanted my CHL.
I hope this helps, even though it doesnt look good.
In my past I've had a conviction for something that I wasn't arrested for (taken downtown as it were), and also an arrest for something I wasn't convicted of (rightly so I might add). I left out the arrest because it was expunged. I did include the conviction disposition info from the other instance, however. The final disposition had a non-disclose order but if you do a bit of research you will see DPS is an agency that is not "blocked" by this. I was lucky enough to have already passed the 5 year ban by the time I wanted my CHL.
I hope this helps, even though it doesnt look good.