TexasCHLforum.com

Hello all,

Back in 1995, I was arrested for, what Austin PD said, unauthorized use of a motor vehicle. The vehicle was my brother's and he didn't report it stolen. I was strip searched, given an orange jumpsuit, fingerprinted, mug shot taken and got to spend a night in the Travis County jail. The next morning, I was pulled from the cell and released. I didn't plead guilty/no-contest to anything and never got a chance to see a judge. With the bag containing my clothes and personal effects was a form offering to have my records expunged....for a fee. Being young, dumb and broke at the time, I declined.

Fast forward 17 years and I'm interested in getting my CHL. I sent away for my criminal history record because I couldn't remember the exact date of the arrest. I received it and found curious what was listed concerning that (my only) arrest.

Agency ID Number: xxxxxx
Offense Date: 01-14-1995
Offense: UNAUTH USE OF A VEHICLE
Citation: PC 31.07
Level & Degree: FELONY - 3RD DEGREE
Disposition: TRANSFERRED TO ANOTHER AGENCY
Disposition Date: 01-15-1995
Refferred: TXXXXXXXX - DISTRICT ATTORNEY'S OFFICE AUSTIN
NO PROSECUTION DATA AVAILABLE
NO COURT DATA AVAILABLE
NO CUSTODY DATA AVAILABLE
END OF REPORT

My question is, on form CHL-78C, what should I state under Full Disposition? On my record, all it states is "Transferred to Another Agency", but doesn't state which one. Should I dig further or should I just run with the application as is and see what the DPS says? Can I use the Criminal History Record itself to state the disposition since it is a notarized form from Elaine Smith, Section Supervisor of the Access and Dissemination Bureau, Crime Records Service of the DPS on DPS letterhead? Any help on what to do next is greatly appreciated.

Demiurge wrote:Hello all, Any help on what to do next is greatly appreciated.

No help from me, but WOW! I think you should be okay. One of the instructors will be along to give you some advice.

You should have paid the expungement fee.

BTW - Welcome to the forum!

WildBill wrote:You should have paid the expungement fee.

Yeah, looking back on it, I should've, but just couldn't afford it at the time. As I understand it though, expunged or not, I'd still have to list the arrest and disposition so I'd be back to where I am now. I guess it would be best to ask my instructor when I go to take my class. I just wanted to have as much of the paperwork side done before hand as possible. Thanks for the info and the welcome.

Not to beat a dead horse, but it's not too late to get the expungement. You probably wouldn't even have to go to court.

From what I understand you will need to submit the same paperwork when you renew your CHL so make sure you get a couple copies.

Theres another option - You can also petition the court for an order of non disclosure, effectively sealing your record. This would be listed on your FBI record as well.

For others, this also can mean not having to wait for 5 or 10 years from completion of deferred adjudication.

If you have questions, I would call DPS. Some "amateur attorneys" on here, including instructors, can sometimes get their facts confused.

Here's the legislation relating to expunged/sealed records as they relate to CHL licensing. Having them expunged/sealed will give you peace of mind - both for CHL and future employment background checks.

GC §411.171. DEFINITIONS.
(4) “Convicted” means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardonedundertheauthorityofastateorfederalofficial;or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or
sealed under any state or federal law.

You have to disclose the arrest and DPS usually wants documentation of the disposition. If you send it with your application to prove the charges were dropped, it shouldn't slow down your application much if any. If you wait for DPS to tell you to send it in, that's 99% guaranteed to slow down your application. Especially if you don't get their letter for some reason and they cancel your application because they didn't get a response to their letter.