CHL Legal Question

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
jdizzle
Junior Member
Posts in topic: 2
Posts: 2
Joined: Wed Jan 27, 2016 1:07 pm

CHL Legal Question

#1

Post by jdizzle »

New here and not sure if this is the correct place to post this, if not please let me know where to post.

Back sometime in 1997 or 1998 in California I was arrested for what was considered grand theft of a vehicle. This story is very stupid. Long story short me and a buddy of mine at the time were 17 and couldn't by cigarettes. A dude who we gave money to buy us cigarettes ended giving us a ride back home because we ended up talking and hanging outside the store. Right after leaving the store while in the car we hear cops . Right then the dude gets off the car and starts running. We were scared as hell so we stayed int he car because we didn't know what was happening. We got arrested and taken into the PD. We told them the story and obviously they didn't believe it. Hours later after they caught the guy and he told them that we didn't know him and we were released. The bad thing is that we were finger printed and held in a cell which is considered and arrest. I never thought much about it since I was never charged with anything. But I ran a FBI background test not to long ago and my arrest shows grand theft auto - time served -none - but the description it also reads felony. I called the department were I was taken too then and they said they don't have any record of my arrest because I was never charged with anything.

Now I am trying to get my CHL but I don't know if I can get it because of this. I was never charged nor did any time in jail. I was just held in a cell until released 4 hours later because we weren't involved.How can I provide any information in regards to my arrest for my CHL when the PD doesn't even have me on record. That is the only time I was arrested.
User avatar

WildBill
Senior Member
Posts in topic: 4
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: CHL Legal Question

#2

Post by WildBill »

jdizzle wrote:New here and not sure if this is the correct place to post this, if not please let me know where to post.

Back sometime in 1997 or 1998 in California I was arrested for what was considered grand theft of a vehicle. This story is very stupid. Long story short me and a buddy of mine at the time were 17 and couldn't by cigarettes. A dude who we gave money to buy us cigarettes ended giving us a ride back home because we ended up talking and hanging outside the store. Right after leaving the store while in the car we hear cops . Right then the dude gets off the car and starts running. We were scared as heck so we stayed int he car because we didn't know what was happening. We got arrested and taken into the PD. We told them the story and obviously they didn't believe it. Hours later after they caught the guy and he told them that we didn't know him and we were released. The bad thing is that we were finger printed and held in a cell which is considered and arrest. I never thought much about it since I was never charged with anything. But I ran a FBI background test not to long ago and my arrest shows grand theft auto - time served -none - but the description it also reads felony. I called the department were I was taken too then and they said they don't have any record of my arrest because I was never charged with anything.

Now I am trying to get my CHL but I don't know if I can get it because of this. I was never charged nor did any time in jail. I was just held in a cell until released 4 hours later because we weren't involved.How can I provide any information in regards to my arrest for my CHL when the PD doesn't even have me on record. That is the only time I was arrested.
Welcome to the forum. IMO, the arresting agency is not the proper place to search or obtain records.
My advice is to contact the county clerk where the arrest occurred and get a certified copy of your court disposition.
Since they are in California and you I assume are in Texas you will probably have to send them a letter and money before they will do a search and send the records.
You will need these records to include in your application for your LTC.
A good place to start is the website for the county where the arrest occurred.
NRA Endowment Member

Topic author
jdizzle
Junior Member
Posts in topic: 2
Posts: 2
Joined: Wed Jan 27, 2016 1:07 pm

Re: CHL Legal Question

#3

Post by jdizzle »

Thanks for your advise.

I think I remember doing so and there was no record of my disposition. I think their explanation was because I was not charged with anything. I'm 100% sure if it was the county clerk I requested info from... Been a long time but I remember being told that by some department because. I know this didn't prevent me from joining the army many years ago.
User avatar

WildBill
Senior Member
Posts in topic: 4
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: CHL Legal Question

#4

Post by WildBill »

jdizzle wrote:Thanks for your advise.

I think I remember doing so and there was no record of my disposition. I think their explanation was because I was not charged with anything. I'm 100% sure if it was the county clerk I requested info from... Been a long time but I remember being told that by some department because. I know this didn't prevent me from joining the army many years ago.
If so, you still need a certified copy stating that they have no record of arrest.
If the FBI check shows the arrest you can be certain that the DPS search will also show it. :tiphat:
NRA Endowment Member

RossA
Banned
Posts in topic: 2
Posts: 903
Joined: Wed Oct 03, 2007 1:45 pm
Location: Houston, Republic of Texas
Contact:

Re: CHL Legal Question

#5

Post by RossA »

Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
God and the soldier we adore,
In times of danger, not before.
The danger gone, the trouble righted,
God's forgotten, the soldier slighted.
User avatar

WildBill
Senior Member
Posts in topic: 4
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: CHL Legal Question

#6

Post by WildBill »

RossA wrote:Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
:iagree: Convictions may disqualify you, arrests will not.
NRA Endowment Member
User avatar

Keith B
Moderator
Posts in topic: 2
Posts: 18503
Joined: Sat Aug 18, 2007 3:29 pm

Re: CHL Legal Question

#7

Post by Keith B »

WildBill wrote:
RossA wrote:Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
:iagree: Convictions may disqualify you, arrests will not.
Actually, arrests may. If there are pending charges against you, then you may not be able to get an LTC until the charges are dropped or the conviction proves to not be disqualifying.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
User avatar

WildBill
Senior Member
Posts in topic: 4
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: CHL Legal Question

#8

Post by WildBill »

Keith B wrote:
WildBill wrote:
RossA wrote:Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
:iagree: Convictions may disqualify you, arrests will not.
Actually, arrests may. If there are pending charges against you, then you may not be able to get an LTC until the charges are dropped or the conviction proves to not be disqualifying.
The OP's arrest was in 1998 and there are no current charges pending. But you are correct Keith! :tiphat:
NRA Endowment Member

RossA
Banned
Posts in topic: 2
Posts: 903
Joined: Wed Oct 03, 2007 1:45 pm
Location: Houston, Republic of Texas
Contact:

Re: CHL Legal Question

#9

Post by RossA »

Pending charges do not disqualify you, they delay your approval until disposition. Then, depending upon what the disposition is, you might be disqualified.
God and the soldier we adore,
In times of danger, not before.
The danger gone, the trouble righted,
God's forgotten, the soldier slighted.

C-Whit
Junior Member
Posts in topic: 1
Posts: 16
Joined: Wed Nov 18, 2015 2:51 pm

Re: CHL Legal Question

#10

Post by C-Whit »

Does anyone know if you can email or upload the certified search results or does it need to be snail mailed?
User avatar

Keith B
Moderator
Posts in topic: 2
Posts: 18503
Joined: Sat Aug 18, 2007 3:29 pm

Re: CHL Legal Question

#11

Post by Keith B »

RossA wrote:Pending charges do not disqualify you, they delay your approval until disposition. Then, depending upon what the disposition is, you might be disqualified.
Exactly what I stated above.
If there are pending charges against you, then you may not be able to get an LTC until the charges are dropped or the conviction proves to not be disqualifying
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
Post Reply

Return to “General Texas CHL Discussion”