TexasCHLforum.com

Back in 1975, 2 months after turning 18, I was arrested in Florida for "the offense of Breaking and Entering A Dwelling House With Intent to Commit a Felony". I received an "Order Withholding Adjudication of Guilt and Placing Defendant on Probation" for 3 years and did not lose my civil rights. I completed my probation with out incident and have been a 'good boy' ever since. ( I was young & dumb back then )
I have lived in the Houston area for over 31 yrs. I am 55 now and would like to obtain my CHL.
Am I eligible?
Any advise would be very appreciated!!!
Tandd

Burglary of a habitation is a felony in Texas, and does not fall under the 10 year deferred adjudication exemption. So, my best opinion is no, you are not eligible.

And that opinion is worth just about what you paid for it. You probably need a real lawyer for this one.

I'm wondering if you could do some digging to verify that the incident is actually still on your record. If so, what about trying to get it expunged? Is that even possible?

Thank you both for your input.
i will request an NCIC from the local PD.

tandd wrote:Thank you both for your input.
i will request an NCIC from the local PD.

IMO, you should also request a search from the arresting agency in Florida. I think that record or lack of would be the final say.

There is a big difference between what can be "sealed" from the eyes of many employers and what can be "expunged". I am no lawyer, but when I looked into expunging an old misdemeanor charge for a family member, it looked to be a short list of things you could do that with compared to sealing records from the prying eyes of an employer at least here in Texas. The DPS and FBI can see sealed records for the purpose of a CHL. Try to find out exactly what is on your records in the court where this was handled and get certified copies of the final disposition. Even if there is no record found, get a certified statement to that effect. You have to be honest about all of your past on your application. You still would have to reveal it and let the DPS decide if the lack of records would allow you to have the license. Crossfire gave you good advice, you should consult a good lawyer on this first anyway just to make sure of how this affects you and what your options are. Best wishes

I am no lawyer either, but just because the FBI or some other agency might be able to see the record doesn't mean that it's not officially expunged. Laws are different from state to state, but in Texas an expunged record means that you can swear under oath that you haven't been arrested. I agree with TexasGal that seeing a lawyer is the best idea.

http://www.statutes.legis.state.tx.us/D ... .htm#55.01" onclick="window.open(this.href);return false;

Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and (3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

WildBill wrote:the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

It looks like the safest and most honest thing is to tell DPS it was expunged. If it's expunged it doesn't disqualify the applicant, and if DPS finds it then it doesn't look like the applicant was lying on their applicatiin or trying to hide somethng to trck DPS into giving them a CHL. Why risk it if they are legit?

recaffeination wrote:

WildBill wrote:the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

It looks like the safest and most honest thing is to tell DPS it was expunged. If it's expunged it doesn't disqualify the applicant, and if DPS finds it then it doesn't look like the applicant was lying on their applicatiin or trying to hide somethng to trck DPS into giving them a CHL. Why risk it if they are legit?

It would probably make the application process go more smoothly.

I don't think the OP has an expunction, but I believe that he should contact a Florida lawyer to see if get one. After all of his time as a "good citizen" I would think he could find a sympathetic DA and a judge to sign the order. Depending on the results of his other search, it may be his only chance to get a Texas CHL.

My point of quoting the statute was to show the difference between "no records found" and expunging the records. My point is that denying that you have been arrested is "being honest" and "not trying to hide something" according to my interpretation of the law. As per usual, IANAL so I could be wrong.

From his OP, he did not seem to have had the records sealed or expunged. I did a quick look at Florida lawyer websites and came across this list:
http://www.richardhornsby.com/criminal/ ... enses.html Another area of that website also says if he was judged guilty, then that list applies. However, he stated it was a deferred adjudication. I'd say that is encouraging for him to first seek the advice of a Florida lawyer to see if it can be expunged. We were told during the instructor class that sealed records are not sealed for Texas CHL and you have to list those arrests and outcomes, but expunged events are treated as if they never happened at all. Of course, my disclaimer is I am human and can be wrong.

The consensus seems to be Go directly to a Florida lawyer to see if it can be expunged before making the CHL application. That is what I would do personally for sure.

My personal tkae is to first see if anything exsist where the arrest happened, then contact a lawyer. I don't see any poing in contacting a lawyer to find out that there was no record. Many times things don't get input into the comuters and it may be over with a phone call and asking for a letter that says no record found. If there is something there, then contact a lawyer in flordia.

Have you ever purchased a handgun while living in Texas or had a background check filed? If you have and received a green light that would tell me there is nothing on your record for this offense. Getting a copy of your record from teh jurisdiction where the offense occured is the first step from here though.

i have almost the same situation my background check still shows under review my wifes chl was mailed out 2 days ago would me having an assault charge in 2004 affect my chances of getting a chl even if i wasnt prosecuted? would that cause the background check to take longer?

luisjr88 wrote:i have almost the same situation my background check still shows under review my wifes chl was mailed out 2 days ago would me having an assault charge in 2004 affect my chances of getting a chl even if i wasnt prosecuted? would that cause the background check to take longer?

Yes, I would say that the background check would take longer if you listed an arrest. There would be more to check than a person without a record of arrest.