Concerns regarding background check

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CertifiedKJ
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Concerns regarding background check

#1

Post by CertifiedKJ »

I just turned 21 a couple of weeks back and soon I'm going to go for my CHL, but there's something that's been bugging me. Back in May of 2004, I had a fight in school, so I went to court for it later on in july. The charge was disorderly conduct, I think it was a class c misdemeanor. When I was called up, they looked over my case and they brought it to my attention that I had an outstanding warrant for my arrest for truancy from the year before, which was a mistake from the school and we settled that. After paying a refundable 300 dollars, they put both cases together, and all I had to do was deferred adjudication, I did 10 hours community service, one of those all day group counseling classes and I had to stay trouble-free for 3 months. I returned later in October to have the case dismissed.

When the fight happened I was a minor, I was 16, as well as when I went to court, I turned 17 in august. This was a little over 4 years ago, would I be eligible for my CHL? I mean, my adult record is clean!
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chewy555
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Re: Concerns regarding background check

#2

Post by chewy555 »

If I read the CHL laws right, then you should be ok if it was a class C misdemeanor. But I would still list it on the paper work that you send to the state to get your CHL. Along with a copy of the papers from the court in the packet to the state.
This is just how I read it.
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Topic author
CertifiedKJ
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Re: Concerns regarding background check

#3

Post by CertifiedKJ »

chewy555 wrote:If I read the CHL laws right, then you should be ok if it was a class C misdemeanor. But I would still list it on the paper work that you send to the state to get your CHL. Along with a copy of the papers from the court in the packet to the state.
This is just how I read it.
Okay, I'll do just that. Thanks for the reply.
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srothstein
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Re: Concerns regarding background check

#4

Post by srothstein »

CertifiedKJ,

I think you might not be eligible for a CHL quite yet. The one class C misdemeanor which counts is disorderly conduct. I believe you have to wait for a period of 5 years from the conviction date.

From what you posted, you were sixteen when you went to court. You are now 21. This means that sometime in the very near future, your five year limit would be over, but without the exact dates, I cannot be sure.

I am not an expert in this area, and I could be wrong. I suggest you call the DPS office and verify the information with them. You will need the exact dates and court records for the application anyway, so you might as well start getting them ready.
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CertifiedKJ
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Re: Concerns regarding background check

#5

Post by CertifiedKJ »

srothstein wrote:CertifiedKJ,

I think you might not be eligible for a CHL quite yet. The one class C misdemeanor which counts is disorderly conduct. I believe you have to wait for a period of 5 years from the conviction date.

From what you posted, you were sixteen when you went to court. You are now 21. This means that sometime in the very near future, your five year limit would be over, but without the exact dates, I cannot be sure.

I am not an expert in this area, and I could be wrong. I suggest you call the DPS office and verify the information with them. You will need the exact dates and court records for the application anyway, so you might as well start getting them ready.
This is something I should definately look into, I'll call DPS first thing in the morning. Thanks much!
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wyattbellis
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Re: Concerns regarding background check

#6

Post by wyattbellis »

Yes, if the charge was Section 42.01 Disorderly Conduct, then you are not eligible for a CHL for 5 years.

chewy555
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Re: Concerns regarding background check

#7

Post by chewy555 »

srothstein wrote:CertifiedKJ,

I think you might not be eligible for a CHL quite yet. The one class C misdemeanor which counts is disorderly conduct. I believe you have to wait for a period of 5 years from the conviction date.

From what you posted, you were sixteen when you went to court. You are now 21. This means that sometime in the very near future, your five year limit would be over, but without the exact dates, I cannot be sure.

I am not an expert in this area, and I could be wrong. I suggest you call the DPS office and verify the information with them. You will need the exact dates and court records for the application anyway, so you might as well start getting them ready.
I forgot about that when I sent my answer.

Sorry about that.
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Topic author
CertifiedKJ
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Re: Concerns regarding background check

#8

Post by CertifiedKJ »

chewy555 wrote:
I forgot about that when I sent my answer.

Sorry about that.
That's alright, I will just patiently wait until it's been 5 years, it's not that long of a wait actually. It's worth it.
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Topic author
CertifiedKJ
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Re: Concerns regarding background check

#9

Post by CertifiedKJ »

Well, I contacted the Concealed Handgun Bureau in Austin by email, which I felt was a better way for them to understand my situation, because when I did call, the guy cut me off and gave me an answer before I finished. On the email, I pretty much said the same thing that I said here, only it was a little more detailed with dates (took me a while to find those court papers). They replied this morning with, "If your case was handled as a juvenile offense then it would not disqualify you from obtaining a permit. It is a juvenile felony conviction within 10 years that would be disqualifying."
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NcongruNt
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Re: Concerns regarding background check

#10

Post by NcongruNt »

Good deal. Glad to hear that things worked out. Now to take the class and the excruciating wait for the plastic. ;-)
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Topic author
CertifiedKJ
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Posts in topic: 7
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Location: Houston, Texas

Re: Concerns regarding background check

#11

Post by CertifiedKJ »

Yes, the wait! I know it's going to be a very aggravating wait, but it will be worth my while.

Before I take the class though, I just want to go to the range and practice, I know I'm a bit rusty.
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srothstein
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Re: Concerns regarding background check

#12

Post by srothstein »

Good thing you checked with the real authorities. I am glad I was wrong and did not know about the juvenile difference.

That is why you should always go for the people making the decision in cases like this and not trust the legal advice you get on the internet.
Steve Rothstein

Topic author
CertifiedKJ
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Location: Houston, Texas

Re: Concerns regarding background check

#13

Post by CertifiedKJ »

Yeah, I agree. Although, there's a lot of good advice on this site but it's always best to get it confirmed, depending on the subject. You were still helpful though, and I appreciate that.
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