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Old Charges preventing me from obtaining my CHL?
Posted: Fri Aug 29, 2014 3:29 pm
by rikrik
Hello, all! I recently applied for my CHL here, and after submitting forms, payments, etc., I received a letter stating that I needed to provide further documentation on charges of nearly 30 years ago, that I
1) Never was officially charged for and didn't have to appear in court in Nevada,
2) Arrested on a Domestic abuse charged on a domestic abuse charge, failed to appear, then resolved the case in 2001. Is there anyway to contest this due to the fact that I received no more than a fine for these matters? Is there a way to get them removed so that I don't continue to have these problems? Any help I can get would be so appreciated!
Thanks in advance!
Re: Old Charges preventing me from obtaining my CHL?
Posted: Fri Aug 29, 2014 5:08 pm
by Maxwell
If this happened in Nevada you need to contact that state to get the full records and take it from there.
Re: Old Charges preventing me from obtaining my CHL?
Posted: Fri Aug 29, 2014 5:26 pm
by Dori
If you haven't yet, you can fill out this form and send it to DPS with the requested documents.
http://www.txdps.state.tx.us/InternetFo ... HL-78C.pdf" onclick="window.open(this.href);return false;
I don't know what the online form says these days, but the paper application was very clear they want information on any arrests, regardless if you were indicted. They also want arrests listed even if you were a juvenile, it was a long time ago, or it happened in another state.
Good luck.
Re: Old Charges preventing me from obtaining my CHL?
Posted: Fri Aug 29, 2014 10:17 pm
by Jumping Frog
rikrik wrote:2) Arrested on a Domestic abuse charged on a domestic abuse charge, failed to appear, then resolved the case in 2001.
Well, you are not specific about what "resolved the case" means. So I take it you are unclear about what the exact charges and outcome are.
However, if you paid a fine, for example, and it was domestic abuse, you may prohibited from possessing firearms and ammunition at all under federal law. Many people are unknowingly prohibited and think they are fine, until they get arrested in an incident and suddenly find they are committing multiple federal felonies.
I'd suggest you read the BATF'ers FAQ on the
Misdemeanor Crime of Domestic Violence. If any of it applies, or if you are unsure if it applies, then consult an attorney. The jail cell you may avoid makes the attorney worth it.
Re: Old Charges preventing me from obtaining my CHL?
Posted: Sat Aug 30, 2014 7:37 am
by Keith B
Domestic abuse (assault on a family member or spouse) can be a permanent disqualifier for a CHL in Texas. If this occurred in Nevada, then depending on what the charge was, it may be considered a different level of crime in Texas. In Texas this is usually a misdemeanor, but can be a felony which would disqualify you permanently. You paying a fine states that you plead or were found guilty. That means at best you had a misdemeanor and would probably be eligible 10 years after the date of conviction, or 2011 as you stated it happened in 2001.
As has been said, since you have already submitted the application and they have sent you a request for additional information, you need to get certified copies of the dispositions of both cases from the court clerk where the offenses occurred and send them in to DPS. If the court states they have no record of them, then get them to send you a certified letter stating that and send it in. If DPS denies your application, then you can look at appealing if the convictions really weren't disqualifying.