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by AJSully421
Wed Dec 02, 2015 10:08 am
Forum: General Texas CHL Discussion
Topic: CHL disqualification question
Replies: 15
Views: 3725

Re: CHL disqualification question

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.
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.

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