TexasCHLforum.com

pt145ss wrote:

Part in red is incorrect. Sealed means everything to CHL. Sealed takes a serious crime (such as burglary of a habitation) that would be completely disqualifying for life, and makes it irrelevant. Sealed gets rid of a 5 or 10 year waiting period to apply. Sealed does matter.

Apply, disclose, he will be fine.

Maybe I was not as clear as I could have/should have been because I think we are saying the same thing. In terms of CHL, they do not care if a record is sealed they still want to see the disposition paper work. Sealed does not mean it never happened. According to the CHL representative at DPS, the background check will show the arrest, regardless of the disposition being sealed and therefore they want the disposition records for that arrest. Sealed does not get rid of anything in terms of CHL.

My son had the records sealed for employment purposes. Employee background checks usually do not return anything if records are sealed. Again he disclosed this information when he applied at the county sheriffs because they will see the arrest but not the disposition.

He is going to disclose and we just needed to know if it was a misdemeanor or a felony.

pt145ss wrote:

casp625 wrote:

pt145ss wrote:

FrugalFannie wrote:Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

There was never a question about answering it honestly. The confusion is knowing if the charge is a misdemeanor (disqualified for 5 years) or a felony (disqualified for 10 years). If the later, he would not even bother filling out the application.

He called the juvenile probation officer who clarified that it was in fact a misdemeanor.

Thank you for the responses.

Sealed records aren't counted as convictions under CHL eligibility.

The disposition is/was deferred adjudication, which is viewed as a conviction in terms of CHL qualification and subject to the 5 or 10 year prohibition. Being sealed has nothing to do with CHL and is more for employer type of background checks. In terms of CHL, with the records being sealed, DPS has no way of verifying disposition and therefor my son will need to provide the disposition documentation. Failing to disclose the disposition could result in DPS denying his application.

At least this is my understanding. I could be wrong.

Sec. 411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013.
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) "Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not 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 that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

pt145ss wrote:

FrugalFannie wrote:Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

There was never a question about answering it honestly. The confusion is knowing if the charge is a misdemeanor (disqualified for 5 years) or a felony (disqualified for 10 years). If the later, he would not even bother filling out the application.

He called the juvenile probation officer who clarified that it was in fact a misdemeanor.

Thank you for the responses.