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by HGWC
Thu Apr 02, 2009 11:51 am
Forum: The "Waiting Room"
Topic: Actual Processing Time
Replies: 4
Views: 964

Re: Actual Processing Time

Texas law doesn't require that the local background checks have to be done at all. What additional background checks they decide to do is completely at the DPS' discretion. How much they decide to check or how little, it's completely at their discretion.

Sec. 411.176. (b) The director's designee as needed shall conduct an additional criminal history record check of the applicant and an investigation of the applicant's local official records to verify the accuracy of the application materials. The scope of the record check and the investigation are at the sole discretion of the department, except that the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials.

The only thing not at their discretion is to allow the local background check to exceed 60 days after the receipt of the application. They do have to send off finger prints to the FBI, and that will take more than 2-3 hours. The only reason the application process is taking so long is that a Texas police agency is choosing to violate our constitutional rights.

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