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CHL Legal Question
Posted: Wed Jan 27, 2016 1:33 pm
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.
Re: CHL Legal Question
Posted: Wed Jan 27, 2016 1:41 pm
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.
Re: CHL Legal Question
Posted: Wed Jan 27, 2016 2:33 pm
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.
Re: CHL Legal Question
Posted: Wed Jan 27, 2016 3:24 pm
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.
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Re: CHL Legal Question
Posted: Thu Jan 28, 2016 4:47 pm
by RossA
Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
Re: CHL Legal Question
Posted: Thu Jan 28, 2016 5:01 pm
by WildBill
RossA wrote:Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
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Convictions may disqualify you, arrests will not.
Re: CHL Legal Question
Posted: Thu Jan 28, 2016 5:59 pm
by Keith B
WildBill wrote:RossA wrote:Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
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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.
Re: CHL Legal Question
Posted: Thu Jan 28, 2016 6:05 pm
by WildBill
Keith B wrote:WildBill wrote:RossA wrote:Arrests, even for felonies, do not disqualify you from having a LTC. Convictions do.
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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!
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Re: CHL Legal Question
Posted: Thu Jan 28, 2016 8:42 pm
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.
Re: CHL Legal Question
Posted: Mon Feb 01, 2016 2:41 pm
by C-Whit
Does anyone know if you can email or upload the certified search results or does it need to be snail mailed?
Re: CHL Legal Question
Posted: Mon Feb 01, 2016 4:01 pm
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