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Easyasmc wrote:Print pending 02/09

It was a roundabout delay, but you got there!

Easyasmc wrote:So I called this morning and she told me they have 180 days to do a background check. She also told me that I was supposed to send in my own background from an a hiccup in 1993 from the police department in Mississippi where I had the incident. Funny, I don't remember seeing anything about any of this. She mentioned that they are not requesting anymore information from me for my application so where does this 180 days come into play?

The 180 days only come into play if DPS determines there is an issue with the application:

Government Code §411.176. REVIEW OF APPLICATION MATERIALS. wrote: (d) On receipt at the department's Austin headquarters of the application materials and the result of the investigation by the director's designee, the department shall conduct any further record check or investigation the department determines is necessary if a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, except that the department shall complete the record check and investigation not later than the 180th day after the date the department receives the application materials from the applicant.

And, yep, the DPS agent was correct when she said you should have included disposition records from the 1993 arrest:

Government Code §411.174. APPLICATION. wrote: (b) An applicant must provide on the application a statement of the applicant's:
...(7) criminal history record information of the type maintained by the department under this chapter, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses;

I'm sure the lack of corroborating records regarding the disposition of that Mississippi arrest is what fouled up your application. But I don't blame you: I blame your LTC instructor for not adequately explaining this part of the process.

I wish you'd found this Forum before you submitted your application. A little quick searching would have shown that the best course of action is to do the homework first and include copies of all relevant court records/dispositions with the original application. And unless DPS has your submitted evidence that an out-of-state arrest was dismissed or similarly resolved, it creates additional difficulty because misdemeanors aren't apples-to-apples among different states, and the offense has to be evaluated against what it would be in Texas at the time of the application, not the level of misdemeanor per the statues of the other state.

Best of luck to you. But it does look as if you might have some additional wait time. I very much doubt it will be six months if the offense turns out to be a non-issue, but some additional time, nonetheless.