CHL disqualification question

[pt145ss]

My son is applying for his CHL, and has a few questions i thought some of you guys can help answer. On the application process it asks if you have ever been arrested or charged with a crime. When he was a juvenile, around 15, he was arrested for possession of marijuana under 2 ounces. He was then released to us instead of being brought to jail. He was never in front of a judge, and his disposition was deferred adjudication and received 6 months probation. His record has then been sealed, and has been for the past 3 years. Looking at his paperwork, it states the charge as POM <2oz DF2. Does this charge disqualify him from getting his CHL?

[Keith B]

Possession of <2oz of marijuana is a Class B Misdemeanor. A Class B would disqualify him for 5 years. Assuming he is now 21 (not under and applying as military) then the charge should be more than 5 years old and not a disqualifier.

So, he should list it on the application, even with it sealed, and send along documentation for the disposition of the case with it.

[airboss]

So, was this adjudicated in a juvenile court? I'm no legal beagle, but I've been led to believe all these years that most offenses occurring under the age of majority wind up being a mulligan at age 18. But what do I know.

[Jago668]

As long as it was more than 5 years ago, he should be all set regardless. So I'd mention it, because I wouldn't want to pretend nothing had happened and then have them turn it up.

[The Wall]

My son is applying for his CHL, and has a few questions i thought some of you guys can help answer. On the application process it asks if you have ever been arrested or charged with a crime. When he was a juvenile, around 15, he was arrested for possession of marijuana under 2 ounces. He was then released to us instead of being brought to jail. He was never in front of a judge, and his disposition was deferred adjudication and received 6 months probation. His record has then been sealed, and has been for the past 3 years. Looking at his paperwork, it states the charge as POM <2oz DF2. Does this charge disqualify him from getting his CHL?

Reading the red parts, that would make him 18 years old now. He'll have to wait until he's 21.

[ScottDLS]

My son is applying for his CHL, and has a few questions i thought some of you guys can help answer. On the application process it asks if you have ever been arrested or charged with a crime. When he was a juvenile, around 15, he was arrested for possession of marijuana under 2 ounces. He was then released to us instead of being brought to jail. He was never in front of a judge, and his disposition was deferred adjudication and received 6 months probation. His record has then been sealed, and has been for the past 3 years. Looking at his paperwork, it states the charge as POM <2oz DF2. Does this charge disqualify him from getting his CHL?

Reading the red parts, that would make him 18 years old now. He'll have to wait until he's 21.

Maybe the record was sealed when he turned 18, making him now 21...

[nightmare69]

As long as it has been 5yrs since the offense he is good to go. Just list it on the application and contact the juvenile office and have them type up a letter about the offense and final disposition. You need this letter in order to get a license.

I had the same issue as I have a juvenile record. My offense, however, was higher than a class B and I had no trouble getting my CHL.

[pt145ss]

My son is applying for his CHL, and has a few questions i thought some of you guys can help answer. On the application process it asks if you have ever been arrested or charged with a crime. When he was a juvenile, around 15, he was arrested for possession of marijuana under 2 ounces. He was then released to us instead of being brought to jail. He was never in front of a judge, and his disposition was deferred adjudication and received 6 months probation. His record has then been sealed, and has been for the past 3 years. Looking at his paperwork, it states the charge as POM <2oz DF2. Does this charge disqualify him from getting his CHL?

Reading the red parts, that would make him 18 years old now. He'll have to wait until he's 21.

Maybe the record was sealed when he turned 18, making him now 21...

Yes. He is 21 now. The records were sealed at 18. I think we were just confused about the charge. <2OZ is a misdemeanor but because he was at school at the time when he was busted, I did not know if it changed it to a felony. To add more confusion the charge has "DF2" in the title I thought at first that it meant Drug Felony but with further research, I don't think that is what it means.

He currently works for the County Sheriff's, so I would guess that he passed all the background checks for that, then he should pass all the background checks for CHL.

[FrugalFannie]

Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

[pt145ss]

Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

There was never a question about answering it honestly. The confusion is knowing if the charge is a misdemeanor (disqualified for 5 years) or a felony (disqualified for 10 years). If the later, he would not even bother filling out the application.

He called the juvenile probation officer who clarified that it was in fact a misdemeanor.

Thank you for the responses.

[casp625]

Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

There was never a question about answering it honestly. The confusion is knowing if the charge is a misdemeanor (disqualified for 5 years) or a felony (disqualified for 10 years). If the later, he would not even bother filling out the application.

He called the juvenile probation officer who clarified that it was in fact a misdemeanor.

Thank you for the responses.

Sealed records aren't counted as convictions under CHL eligibility.

[pt145ss]

Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

There was never a question about answering it honestly. The confusion is knowing if the charge is a misdemeanor (disqualified for 5 years) or a felony (disqualified for 10 years). If the later, he would not even bother filling out the application.

He called the juvenile probation officer who clarified that it was in fact a misdemeanor.

Thank you for the responses.

Sealed records aren't counted as convictions under CHL eligibility.

The disposition is/was deferred adjudication, which is viewed as a conviction in terms of CHL qualification and subject to the 5 or 10 year prohibition. Being sealed has nothing to do with CHL and is more for employer type of background checks. In terms of CHL, with the records being sealed, DPS has no way of verifying disposition and therefor my son will need to provide the disposition documentation. Failing to disclose the disposition could result in DPS denying his application.

At least this is my understanding. I could be wrong.

[AJSully421]

Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

There was never a question about answering it honestly. The confusion is knowing if the charge is a misdemeanor (disqualified for 5 years) or a felony (disqualified for 10 years). If the later, he would not even bother filling out the application.

He called the juvenile probation officer who clarified that it was in fact a misdemeanor.

Thank you for the responses.

Sealed records aren't counted as convictions under CHL eligibility.

The disposition is/was deferred adjudication, which is viewed as a conviction in terms of CHL qualification and subject to the 5 or 10 year prohibition. Being sealed has nothing to do with CHL and is more for employer type of background checks. In terms of CHL, with the records being sealed, DPS has no way of verifying disposition and therefor my son will need to provide the disposition documentation. Failing to disclose the disposition could result in DPS denying his application.

At least this is my understanding. I could be wrong.

Part in red is incorrect. Sealed means everything to CHL. Sealed takes a serious crime (such as burglary of a habitation) that would be completely disqualifying for life, and makes it irrelevant. Sealed gets rid of a 5 or 10 year waiting period to apply. Sealed does matter.

Apply, disclose, he will be fine.

[casp625]

Sealed records are NOT sealed when the PD/DPS runs a background check. They may not be able to see "inside" but they will see that "something" is there. So he should answer truthfully and like others have said, include documentation for the disposition, if requested. Some places want just an explanation or an admission that "something" happened and then may/may not ask for clarification. Read the application completely.

There was never a question about answering it honestly. The confusion is knowing if the charge is a misdemeanor (disqualified for 5 years) or a felony (disqualified for 10 years). If the later, he would not even bother filling out the application.

He called the juvenile probation officer who clarified that it was in fact a misdemeanor.

Thank you for the responses.

Sealed records aren't counted as convictions under CHL eligibility.

The disposition is/was deferred adjudication, which is viewed as a conviction in terms of CHL qualification and subject to the 5 or 10 year prohibition. Being sealed has nothing to do with CHL and is more for employer type of background checks. In terms of CHL, with the records being sealed, DPS has no way of verifying disposition and therefor my son will need to provide the disposition documentation. Failing to disclose the disposition could result in DPS denying his application.

At least this is my understanding. I could be wrong.

Here is from Texas PC 411.171

Sec. 411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013.
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) "Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(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) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

[pt145ss]

Part in red is incorrect. Sealed means everything to CHL. Sealed takes a serious crime (such as burglary of a habitation) that would be completely disqualifying for life, and makes it irrelevant. Sealed gets rid of a 5 or 10 year waiting period to apply. Sealed does matter.

Apply, disclose, he will be fine.

Maybe I was not as clear as I could have/should have been because I think we are saying the same thing. In terms of CHL, they do not care if a record is sealed they still want to see the disposition paper work. Sealed does not mean it never happened. According to the CHL representative at DPS, the background check will show the arrest, regardless of the disposition being sealed and therefore they want the disposition records for that arrest. Sealed does not get rid of anything in terms of CHL.

My son had the records sealed for employment purposes. Employee background checks usually do not return anything if records are sealed. Again he disclosed this information when he applied at the county sheriffs because they will see the arrest but not the disposition.

He is going to disclose and we just needed to know if it was a misdemeanor or a felony.