Possibly disqualifying arrest - license delayed

[RE3]

Hi troops,

I'm new to the forum, and looking for some advice. I have an assault charge from 2004 while I was in high school, case was deferred and ultimately dismissed. I applied for CHL and listed all possible details, however I could not obtain a copy of the disposition from the County Clerk's office. The County Clerk provided me with a certified letter saying they no longer had copies of the records. I sent this in along with PDF's of what info I could find online.

I have received a letter from DPS stating that my "issuance of license has been delayed due to not reporting complete disposition information as required by Government Code 411.174(b)(7). Without full disposition information, your application is incomplete and we are unable to determine your eligibility for the license." "Failure to provide the Department within 90 days will result in the termination of the application".

I'm not sure what steps to take now. I don't know what documents I can provide which I haven't already provided.

Any info would be appreciated.

Thanks

[Oldgringo]

Call 'em and ask 'em? You may have to call several times before you reach someone who cares enough to try to help you. Just sayin'....

[AJSully421]

For anyone else reading this later, if you are involved in any criminal charge, save every piece of paper regarding the incident forever, you never know when you may need it, and your Government cannot be relied upon at any level.

How did the county not keep records?

[RE3]

Unfortunately for me I have the records somewhere... They are boxed in storage or garage as I have moved about 3 times since this. I need to find them. I plan on calling Monday to ask what options I have.

As for the county not having the records anymore, their certified letter reads:
Under THE TEXAS LOCAL GOVERNMENT RECORD ACT, established in 1898 by the 71st Legislature, Chris Daniel, DISTRICT CLERK, pursuant to appropriate state statutes regarding destruction of records, is destroying certain records created and/or received in his office, as custodian or records.
Therefore, it may not be possible to provide access to or make copies of certain documents which have met the retention period determined for destruction.
The following cases have met their retention date - then it list my name and case/court info and if stamped by the County Clerk office and signed.

I'll give them a call this upcoming week and post my findings. I was just interested if anyone else had this issue so I can jump on the ball proactively.

[Keith B]

You may need to just get a letter stating they have no record of the arrest and or any conviction, which should be satisfactory for a disposition. What they gave you is just a generic answer that they MAY not be able to get a copy; Make them say they have no record available.

[Easyasmc]

Just apply for an Arizona Permit, problem solved.

[locke_n_load]

Just apply for an Arizona Permit, problem solved.

Just a couple things with that:
Not exempt from GFSZA when carrying in Texas under an out-of-state permit.
Nice to go over Texas Law in an LTC class (but you could always go through and read them solo).

[infoman]

For any assault arrests they send you letters for- you need to send them a copy of the arrest report (w/ officer's narrative) & a statement from you telling them the relationship between yourself & the victim. They must have written proof it wasn't family violence related.

[Keith B]

For any assault arrests they send you letters for- you need to send them a copy of the arrest report (w/ officer's narrative) & a statement from you telling them the relationship between yourself & the victim. They must have written proof it wasn't family violence related.

If case was dismissed, as he stated, then all he should need is a certified document from the court clerk stating there is no record of the arrest.

[XDpackinBob]

I know this is a bit late but here goes...

I had the same situation where I was "No Billed" and the county clerks office had no record of it. I had to go to the DA's office that charged me to obtain the information needed. It was decades after my arrest that I needed the info for my first CHL application and they had it.
So...
The DA that charged you "should" have the case info on file and be able to bring it up to provide you with the disposition of that case. Tell the DA what its for and that the county has no record.

Be it late hope this helps,
Bob

[RonG]

This thread is interesting to me.

Yesterday, I received notice from the Texas Department of Public Safety that they needed additional information pertaining to an arrest that occurred almost 50 years ago. The charges were dropped.

I don't question the process, the requirements, or anything else concerning licensing in Texas.

Since January 1969, I have had a Top Secret Clearance in the Army, promoted to the highest enlisted rank, and had a CHL in another state. Of course, that is all immaterial to the issue at hand.

The point of this offering is that even events from half a century ago can affect the eligibility for CHL.

I am now over 70 and have cancer. I will likely not pursue the matter further.

[spectre]

The point of this offering is that even events from half a century ago can affect the eligibility for CHL.

That's correct, If you were arrested you have to provide documentation of the disposition of the charges.