TexasCHLforum.com

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.

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.

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.

ScottDLS wrote:

The Wall wrote:

pt145ss wrote:My son is applying for his CHL, and has a few questions i thought some of you guys can help answer. On the application process it asks if you have ever been arrested or charged with a crime. When he was a juvenile, around 15, he was arrested for possession of marijuana under 2 ounces. He was then released to us instead of being brought to jail. He was never in front of a judge, and his disposition was deferred adjudication and received 6 months probation. His record has then been sealed, and has been for the past 3 years. Looking at his paperwork, it states the charge as POM <2oz DF2. Does this charge disqualify him from getting his CHL?

Reading the red parts, that would make him 18 years old now. He'll have to wait until he's 21.

Maybe the record was sealed when he turned 18, making him now 21...

Yes. He is 21 now. The records were sealed at 18. I think we were just confused about the charge. <2OZ is a misdemeanor but because he was at school at the time when he was busted, I did not know if it changed it to a felony. To add more confusion the charge has "DF2" in the title I thought at first that it meant Drug Felony but with further research, I don't think that is what it means.

He currently works for the County Sheriff's, so I would guess that he passed all the background checks for that, then he should pass all the background checks for CHL.

My son is applying for his CHL, and has a few questions i thought some of you guys can help answer. On the application process it asks if you have ever been arrested or charged with a crime. When he was a juvenile, around 15, he was arrested for possession of marijuana under 2 ounces. He was then released to us instead of being brought to jail. He was never in front of a judge, and his disposition was deferred adjudication and received 6 months probation. His record has then been sealed, and has been for the past 3 years. Looking at his paperwork, it states the charge as POM <2oz DF2. Does this charge disqualify him from getting his CHL?