Ok. First Post

[craigneasttx]

First post is gonna be a doozie.....But first off, great forum and all input will be greatly appreciated. I am worried about being able to get my chl. Take the test this weekend but here is what I am worried about.

I am 38 years old. Family man. Pillar of the community.

Thats the good part. The bad is I wasnt always that way. I had 3 minor in possessions in late teens. Yeah, I liked to drink, but barely do even socially now. Just on rare occasions.

The worse part is what I am afraid of. I was falsely accused when I was 20 or 21 of attempted kidnapping. I didnt know the people and it went to trial. The trial was stopped after one day and the judge held the juveniles parents in contempt and later charges were pressed for purgery. They admitted to trying to get money out of my parents. Of course I was found innocent and life went on.

Question 1....will any of these be a denial offense to getting a chl?
Qhestion 2....without ever seeing the paperwork, what information will I have to get to declare these instances in my very long ago past. I need to start now because my instructor helps us fill out the paperwork and I need to have it when we test, I suppose.


Thanks again in advance...

Craig

ps. I am a proud new owner of a Kimber Eclipse Pro II....been wanting one for a long long time...thought I would just throw that out there

[Kalrog]

I don't think the MIPs will be a big deal as they are 20 years old at this point. And the attempted kidnapping is most certainly nothing to worry about - if you can get the paperwork to support what you just posted about. Only convictions matter, not findings of not guilty

To be safe, the best thing to do would be to call the county/city court where each of these took place and get the records. Then fill out the CHL paperwork exactly as it directs. You might not even have to put any of that down (been a few years since I saw the paperwork - hopefully someone with more recent knowledge will be along shortly).

[seamusTX]

Nothing that you listed is an obstacle to getting a CHL.

You have to put every arrest for which you were fingerprinted and photographed on the CHL application, and every offense that was prosecuted under an indictment or information.

If, as a minor, the cops just took you home or took you to the station until your parents picked you up, you don't have to mention that.

Kidnapping is a felony and would be on record because of the indictment.

You have to do what Kalrog said and obtain court records showing the disposition of these cases. It won't be very easy after 20 years. Good luck.

- Jim

[Crossfire]

Craig,

First off, welcome to the forum!

Second, nothing you have described will keep you from getting your CHL. You do NOT need to have all your documentation together by class time. You have 2 years to get all that together and get it sent in with your application. I'm sure you don't want to wait that long, though...

What you need is certified copies of the disposition of your cases. Contact the county clerk in the county where you were processed. They will get those for you, or get you pointed in the right direction.

Enjoy your class. You have nothing to worry about.

[craigneasttx]

Ok...obviously the attempted kidnapping I was indicted or I wouldnt be concerned. I am assuming when you say "disposition" you are referring to the outcome? And yes....I am figuring this will be hard to come by in small town.

The MIP's----two were just tickets, pour it out, and go home and dont come back. One was go directly to jail for an hour or so till Dad shows up. I have no idea when this might have been (year) but I suppose if I contact the city police they could look up the record of it by my name or social security number?

Thanks for the help

[KBCraig]

Craig, you've pretty well got it right. You'll want to call ahead to find a good time to visit the PD where the MIPs took place, then tell them what you're trying to find out. The fastest way for them to narrow it down is to run a NCIC check on you, by name and date of birth.

[yobdab]

What I did was go to the TXDPS website and do a Criminal History check on yourself.

https://records.txdps.state.tx.us/DPS_W ... index.aspx

Create a new account at top left and pay a few dollars and it shows everything Austin has on ya. Even court dates, doc numbers and dispositions.

Just print this out and staple it to you CHL form...that's what I did saved a lot of time.

[seamusTX]

Tickets (class C misdemeanors) don't count. Being taken to jail until your parents pick you up doesn't count.

The kidnapping charge, being a felony, would have been heard in state district court. I think the clerk of that court is the place to start asking questions.

I don't have a good understanding of Texas courts. This is a good place to start researching: http://www.courts.state.tx.us/

- Jim

[txinvestigator]

There are two main types of criminal courts in Texas; County and District. County Courts hear misdemeanor cases and District Courts handle felonies. The corresponding Clerk's office of each county is where records are kept.

In some counties, the clerks offices are combined.

Go the the courthouse of the county where you were charged and ask for the Criminal District Clerk's office. There you will request a certified copy of the disposition of your case. Since in happened in the late '80s. the records might be archived, and you may have to order the records to be picked up or mailed to you later. If they clerk cannot, for whatever reason, locate your file, then ask for a Felony Criminal History letter, certified.

As far as the MIPs; You will find those records either at the Municipal Court or Justice of the Peace court, wherever the MIPs were filed. City police file with the municipal courts, and Deputies, TABC agents and other non-city LEOs file with the JP. You can go there for the dispositions on those cases.

best of luck and welcome to the forum.

[craigneasttx]

Thanks everyone. I have started the ball rolling.

I went to the website (dps criminal history) that yobdab referred to and paid my fee and searched myself three different ways and there was nothing on file. I thought I might have done something wrong and called and talked to a guy at the DPS office for the website. He said that if it shows "no records found" that it wont show any records when they pull it either. He recommended I just attach the printout to the application and said it would also speed up processing for the CHL.

I also contacted the District court and talked to a clerk and she said If I send in a request they will try to find something on it. But since it was 20 years ago the file will be archived and there is a small chance it will even be found. So I guess I should send in the request just to make sure?

I contacted the city police about the MIP's and both cities said, forget it man, we would never have a record of that. Not 22-24 years ago.

So finally I called the concealed handgun department and talked it through with them. They said dont put the MIP's because they make no difference. But I have to find some kind of disposition of the court case or it will just be rejected. I will go to the district clerks office in the morning and see what happens. I suspect they will not have any record of it what-so-ever.

So I am screwed.

[txinvestigator]

Thanks everyone. I have started the ball rolling.

I went to the website (dps criminal history) that yobdab referred to and paid my fee and searched myself three different ways and there was nothing on file. I thought I might have done something wrong and called and talked to a guy at the DPS office for the website. He said that if it shows "no records found" that it wont show any records when they pull it either. He recommended I just attach the printout to the application and said it would also speed up processing for the CHL.

I also contacted the District court and talked to a clerk and she said If I send in a request they will try to find something on it. But since it was 20 years ago the file will be archived and there is a small chance it will even be found. So I guess I should send in the request just to make sure?

I contacted the city police about the MIP's and both cities said, forget it man, we would never have a record of that. Not 22-24 years ago.

So finally I called the concealed handgun department and talked it through with them. They said dont put the MIP's because they make no difference. But I have to find some kind of disposition of the court case or it will just be rejected. I will go to the district clerks office in the morning and see what happens. I suspect they will not have any record of it what-so-ever.

So I am screwed.

You are not screwed. If they have no record ask for a "Felony Criminal History Clearance" letter, and get it certified. Be sure it goes back to the year you need. DPS prefers copies of the disposition from the case file, but if that is not available they will take the clearance letter.

Basically it will say something to the effect of;

The District Clerk of This county searched for felony records for the above subject from 1987 thru present and found the following;

NO HISTORY FOUND (or)

1998......................Att. Kidnapping................................Not Guilty

[craigneasttx]

Ok....will be there on their doorsteps in the morning to try to get the letter if they can't come up with anything.

I really appreciate your help and advise. Everyone's. I felt at the time that it was going on 20 years ago that it was unfair because someone wanted to try and con someone out of some money. This is the first time it has resurfaced since.

Again, thanks. I will update tomorrow after I see if they will take the time to search the archives tomorrow. They wanted me to send in the request for the disposition but I find that odd since I live 15 minutes from the courthouse.

BTW...the judge that handled the case has a lake lot about 8 houses down from mine (private lake). I see him a few times a month.

Craig

[craigneasttx]

When u say certified, what do you mean? Notarized?

[txinvestigator]

When u say certified, what do you mean? Notarized?

Certified is a stamp on embosser that the clerk puts on the document with the seal, date and signature.

[yobdab]

He said that if it shows "no records found" that it wont show any records when they pull it either. He recommended I just attach the printout to the application and said it would also speed up processing for the CHL.

I would follow his advice and staple the copy and mail it. Like he said if its not there then that's all the CHL guys will see. It the easiest and fastest. And I seriously doubt they do a more detailed search then what you did at the website.