Page 1 of 1

Juvenile Felony

Posted: Mon Mar 25, 2013 3:16 pm
by lonestartools
This is one that comes up constantly for me. My general answer is to get your record from DPS or MorphusTrust. However, understanding that purchasing a firearm is a different background check than a CHL application, if a person with a juvenile can purchase a firearm, would that indicate that the record is sealed? Does DPS treat juvenile felonies the same as adult charges? Is there a better answer I can suggest?

Re: Juvenile Felony

Posted: Mon Mar 25, 2013 3:33 pm
by Keith B
lonestartools wrote:This is one that comes up constantly for me. My general answer is to get your record from DPS or MorphusTrust. However, understanding that purchasing a firearm is a different background check than a CHL application, if a person with a juvenile can purchase a firearm, would that indicate that the record is sealed? Does DPS treat juvenile felonies the same as adult charges? Is there a better answer I can suggest?
I think you are asking if a juvenile offense will prevent a person from getting a CHL. I do not believe a juvenile record being sealed will prevent the arrest from showing up in records for DPS. Sealed or not, they need to disclose the arrest/conviction to DPS. The best place to get a copy of the disposition is from the court clerk where the arrest/conviction took place. Lastly, depending on how long ago the event occurred will play into them being eligible. All other disqualifiers are still in play.

Re: Juvenile Felony

Posted: Mon Mar 25, 2013 3:46 pm
by Bruiser
A juvenile felony disqualifies you for 10 years from the date of disposition. I had more than one felony adjudication, with the last one being in 1998 when I was fourteen. I went through the TYC system and got off parole in 2004 at age twenty one. I became eligible for a CHL in 2008. I have always been able to buy firearms, but before, I got delayed every time. This was one of my main reasons for getting a CHL. I called NICS once and was told that they could see the arrests but they showed no other information so they delayed to find more info. FWIW, when I applied for my CHL I listed all arrests and adjudications, besides my fingerprints being rejected twice, I didn't have any problems. They never requested any court papers at all. Good luck.

Re: Juvenile Felony

Posted: Mon Mar 25, 2013 7:03 pm
by lonestartools
Bruiser wrote:A juvenile felony disqualifies you for 10 years from the date of disposition. I had more than one felony adjudication, with the last one being in 1998 when I was fourteen. I went through the TYC system and got off parole in 2004 at age twenty one. I became eligible for a CHL in 2008. I have always been able to buy firearms, but before, I got delayed every time. This was one of my main reasons for getting a CHL. I called NICS once and was told that they could see the arrests but they showed no other information so they delayed to find more info. FWIW, when I applied for my CHL I listed all arrests and adjudications, besides my fingerprints being rejected twice, I didn't have any problems. They never requested any court papers at all. Good luck.
I think this is the answer I am looking for. I remember something about some felonies being 10 years, but could not remember what, this makes sense...

Re: Juvenile Felony

Posted: Tue Mar 26, 2013 7:47 am
by nightmare69
Keith B wrote: I think you are asking if a juvenile offense will prevent a person from getting a CHL. I do not believe a juvenile record being sealed will prevent the arrest from showing up in records for DPS. Sealed or not, they need to disclose the arrest/conviction to DPS. The best place to get a copy of the disposition is from the court clerk where the arrest/conviction took place. Lastly, depending on how long ago the event occurred will play into them being eligible. All other disqualifiers are still in play.

I have a Felony Juvenile record from 1998 when I was 13yrs old. You cannot go down to the county clerks office to get the record, that is for adult records, your juvenile record is sealed and the only way they will release it is with a judges signature, no exceptions.

Good luck getting a certified copy. When I called Juvenile probation and asked what it would take to get a certified copy of my record I was told this. I had to hire a lawyer, set a court date, go before a judge and motion the court to release my record to the DA office, have the DA office certify it for me. Sounds like a pain uh?

So I called DPS and asked if I really had to go through all that, they said no, DPS said just get juvenile probation to make out a letter with what I did, when I did it, and what I was sentenced too. So I did and it still took a judges signature to release that info to me, took about a week to get just made a few phone calls.

Re: Juvenile Felony

Posted: Tue Mar 26, 2013 9:36 am
by Keith B
nightmare69 wrote:
Keith B wrote: I think you are asking if a juvenile offense will prevent a person from getting a CHL. I do not believe a juvenile record being sealed will prevent the arrest from showing up in records for DPS. Sealed or not, they need to disclose the arrest/conviction to DPS. The best place to get a copy of the disposition is from the court clerk where the arrest/conviction took place. Lastly, depending on how long ago the event occurred will play into them being eligible. All other disqualifiers are still in play.

I have a Felony Juvenile record from 1998 when I was 13yrs old. You cannot go down to the county clerks office to get the record, that is for adult records, your juvenile record is sealed and the only way they will release it is with a judges signature, no exceptions.

Good luck getting a certified copy. When I called Juvenile probation and asked what it would take to get a certified copy of my record I was told this. I had to hire a lawyer, set a court date, go before a judge and motion the court to release my record to the DA office, have the DA office certify it for me. Sounds like a pain uh?

So I called DPS and asked if I really had to go through all that, they said no, DPS said just get juvenile probation to make out a letter with what I did, when I did it, and what I was sentenced too. So I did and it still took a judges signature to release that info to me, took about a week to get just made a few phone calls.
That is a disposition from the clerk or juvinile probation. Basically DPS will want something showing what happened and how it was handled in court from a source other than you.

Re: Juvenile Felony

Posted: Tue Mar 26, 2013 10:51 am
by nightmare69
Keith B wrote: That is a disposition from the clerk or juvinile probation. Basically DPS will want something showing what happened and how it was handled in court from a source other than you.

I was letting OP know that he cannot go down to the clerk or juvenile probation office and get a copy of his record. His best bet is to call and see if someone in that department can call a judge to sign to release his record.