TexasCHLforum.com

speedsix wrote:

Kadelic wrote:Update:

After nine days under review I got the status update today that the background check is complete and manufacturing is pending. The same day I mailed my packet to DPS I sent a request to the relevant county clerk with a check for the certified record check fee, you know, just in case. Still haven't heard back from them, nor has my check been processed. Oh well.

...I'd stop payment on that sucker...they don't need your donation...

I talked to the clerk today, and much like my record that doesn't exist, apparently neither does said check. She also suggested I stop payment on it since it should have been processed by now one way or another.

Update:

After nine days under review I got the status update today that the background check is complete and manufacturing is pending. The same day I mailed my packet to DPS I sent a request to the relevant county clerk with a check for the certified record check fee, you know, just in case. Still haven't heard back from them, nor has my check been processed. Oh well.

Thanks again for the comments and advice. I've spoken to a gentleman with the DPS CHL department and explained my situation: That I already answered "no" on my online application, why I answered "no," and that in fact I actually had been arrested. Worst case scenario, If I were to submit my checklist and other material with my application stating I have never been arrested, and a record of that arrest came up, they ( the DPS) would just send me a letter requesting a certified record search from the relevant county clerks office that included the final disposition or that no record existed. I would not be disqualified or face any other form of punishment. He even suggested that, after speaking to the county clerk and they confirm that they have no record, that I not even bother sending any information regarding the arrest to them. For something that long ago with no disposition, or even an arraignment, the only thing that would raise a flag to them would be a conviction.

Keith B wrote:DPS will more than likely require you to provide an affidavit from the DA or County Clerk where you had the incident stating that there is no record of the arrest or that no charges were filed.

But wouldn't it show up (or not show up) when they do their background check? How would I go about getting an affidavit? Could I call the DA's office myself or would I need to hire a lawyer to do so? I guess I'll find out on my own soon enough. I know for a fact that the DA had no record of the arrest and that no files were charged because they told me so when I showed up for my court date that never existed as far as they were concerned. One way or another I'll be getting some education on the matter today.

Well, after literally losing sleep over this tonight I'm going to call DPS in the morning and tell them about it. Hopefully they will still let me go through with the application process. I'll keep y'all posted on the outcome. Thanks for the feedback.

Back in 1987, at the age of 18, and in the state of California, I got pulled over for cutting through a restaurant parking lot and my vehicle was searched. I was arrested for felony possession of a controlled substance, was photographed and printed, and spent the night in jail. I was bailed out the next morning and was given an arraignment date. I showed up at court on that day and couldn't find my name on the docket. I was then instructed by a clerk to inquire at the DA's office. After waiting at the DA's office for a while I was told that they had absolutely nothing on file for me and that I should contact my bail bondsman. My bail bondsman told me, and I quote: "Just go home and pretend nothing ever happened." I specifically asked if the arrest would show up on my record and he specifically stated that if I was ever asked if I had been arrested that I could say no. For what it's worth, and without going into detail, the circumstances of the search and arrest were not legal, and the subject of being intoxicated or not, or why I was searched in the first place, was never brought up by the arresting officer. Anyway, in 1991 I moved back to Texas (I'm a Native Son) and had all but forgotten about the incident until I recently applied for a CHL. Other than two speeding tickets over the years I've never had any other run-ins with the law.

I've already filled out my online application, been digitally fingerprinted, and passed the CHL class. I also legally purchased the firearm I intend to carry within the past month. Sometime this week I'm going to get my passport photos and then plan drop everything in the mail. On the online application I answered "NO" to the question of ever having been arrested or charged with a crime. At the time I did so with confidence since I was specifically told I could do so by my "legal counsel" at the time, the bail bondsman. I never retained an attorney as I couldn't afford one (not to mention I was innocent) and planned on going the public defender route. Anyway, now that I'm about to mail in all my CHL material I can't help but wonder if that arrest will in fact show up, and if it does, what it could mean to my eligibility. I honestly believe I acted in good faith, considering what I was told, but how will the state of Texas see it? Should (and could I) go back and re-answer that question on the application? I did consider answering yes, but then if it truly doesn't show up then that could cause further investigation or complication. Any advice on this matter is greatly appreciated!