Sealed juvenile record?

pmw · #1

Hi, all. I have a juvenile record -- class B misdemeanor, I think -- which was sealed. The court case was in 1999. I need to know how to proceed for my CHL application, because I cannot seem to get a copy of the disposition without getting the record unsealed -- the police department of my community will not release these records to me. DPS says that I must include this record, though.

Has anyone else been in this situation? What should I do?

pmw · #2

This is what I was told both by my county's records office, and by the city's police department. I must have asked the receptionist of the latter about five times in different ways, "So, if I come there, with ID, I cannot get access to my record?" -- "Right." -- "But you do have my record, right?" -- "Yes." -- "But I cannot get access to it?" -- "Right."

Maybe both receptionists are wrong...

txinvestigator · #3

You don't get the records from the Police Department. You should request them from the juvenile court that heard your case. Actually you get them from the clerk of said court.

The PD will not release juvenile records.

Do you recall if the charge was "Conduct needing supervision" or "Deliquent Conduct"?

pmw · #4

If by "charge" you mean the reason for my arrest, then neither of those. :)

What should I do if I don't know which court heard my case? I know that this is my responsibility to keep track of, but I was 13, didn't care at the time, and my parents don't seem to have any records of this other than a letter from my probation officer saying that I've successfully completed the requirements.

cyphur · #5

Probation officer might have records of which court heard the case.

Piney · #6

Have you contacted the DPS CHL office and asked them if a juvie situation would prevent them issuing a CHL ?

You may have a dificult time obtaining a sealed court record-- even if its your own.

cyphur · #7

Even if he cannot obtain the record, he can ask a judge to inspect it for any disqualifying events that would prohibit obtaining a CHL. Of course that would require coordination wih the DPS CHL dept or a judge very familiar with the requirements.

#8

The only way this can prevent you from getting your CHL is, if the disposition was a FELONY grade delinquent conduct, and if it was less than 10 years ago. If it has been more than 10 years, it will not be a problem. If it was a Class B Misdemeanor, it will not be a problem. If you cannot get the records from the court, it won't be a show stopper. It MIGHT delay you a bit while DPS investigates, but you should be OK.

This is my understanding of what DPS has told instructors.

txinvestigator · #9

llwatson wrote:The only way this can prevent you from getting your CHL is, if the disposition was a FELONY grade delinquent conduct, and if it was less than 10 years ago. If it has been more than 10 years, it will not be a problem. If it was a Class B Misdemeanor, it will not be a problem. If you cannot get the records from the court, it won't be a show stopper. It MIGHT delay you a bit while DPS investigates, but you should be OK.

This is my understanding of what DPS has told instructors.

You are correct, sort of. A minor is never actually charged with a penal code crime unless the person is certified to stand trial as an adult.

The juvenile may be arrested for a penal code violation; however, the actual charge is "conduct needing supervision" or "Delinquent Conduct". What matters as far as the CHL is concerned is if the actual charge was Felony Delinquent Conduct. I doubt a minor arrested for a CLass B grade offense would be charged with that.

pmw · #10

Thanks for the replies, all. From what I understand, I do not necessarily have to include the certified copy of the disposition, and this would merely delay the application?

I was definitely not charged with any sort of felony.

If I cannot supply the certified record, do I even need to list this offense on the application?

I'd hate to do the wrong thing and lose the application fee if they make me reapply.

txinvestigator · #11

pmw wrote:Thanks for the replies, all. From what I understand, I do not necessarily have to include the certified copy of the disposition, and this would merely delay the application?

I was definitely not charged with any sort of felony.

If I cannot supply the certified record, do I even need to list this offense on the application?

I'd hate to do the wrong thing and lose the application fee if they make me reapply.

Yes, you MUST list the offense. Failing to disclose it will result in a denial.

ElGato · #12

When they ask you to list every arrest they mean every one, even if you were released without charges.

A friend of mine was turned down for leaving out a released without charges and had to hire a lawyer to get his license.

pmw · #13

Ok, so I must and will list it. But to confirm: it is okay that I cannot include a certified copy of the disposition? It will merely delay the application?

nitrogen · #14

txinvestigator wrote: Yes, you MUST list the offense. Failing to disclose it will result in a denial.

I even included the time I was arrested because my name matched the name of a wanted Child Molester. Never mind the guy they wanted was in his 50's, and I was in my 20's at the time...