what not 2 do

[3wood]

When filling out the app I listed a arrest I had for a hot check that was left hanging during a divorce when the ex closed the account 2 soon. Now the dps and the jursidiction where this took place has no record of any such thing. My advice to new applicants is list nothing and let them find it at that time get material needed. I'm now in a catch 22 that'll be months unwinding if ever. The divorce that just keeps on giving!

[longhorn86]

I would beware not listing arrests on the application, as I believe this could disqualify you for CHL. I am sure one of our many instructors will come in soon and confirm this.

[A-R]

VERY BAD ADVICE IN OP ...

Sec. 411.172. ELIGIBILITY.

(a) A person is eligible for a license to carry a concealed handgun if the person:

(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.

Sec. 411.186. REVOCATION. (a) The department shall revoke a license under this section if the license holder:

(1) was not entitled to the license at the time it was issued;

(2) made a material misrepresentation or failed to disclose a material fact in an application submitted under this subchapter;

[A-R]

and if losing or never obtaining a CHL is not enough to dissuade you, then take a look at the penalties for purposely submitting fraudulent information on a government document ...

Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person commits an offense if he:

(1) knowingly makes a false entry in, or false alteration of, a governmental record;

(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;

(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;

(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;

(5) makes, presents, or uses a governmental record with knowledge of its falsity; or

(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

(b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code.

(c)(1) Except as provided by Subdivisions (2), (3), and (4) and by Subsection (d), an offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony.

(2) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was:

(A) a public school record, report, or assessment instrument required under Chapter 39, Education Code, or was a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree;

(B) a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or

(C) a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action.

(3) An offense under this section is a Class C misdemeanor if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student.

(4) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1), Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing.

(d) An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is:

(1) a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record;

(2) a felony of the third degree if the offense is committed under:

(A) Subsection (a)(1), (3), (4), or (6); or

(B) Subsection (a)(2) or (5) and the defendant is convicted of making the record; and

(3) a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another.

(e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.

(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record.

(g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.

(h) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections.

(i) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

(j) It is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.

[JJVP]

When filling out the app I listed a arrest I had for a hot check that was left hanging during a divorce when the ex closed the account 2 soon. Now the dps and the jursidiction where this took place has no record of any such thing. My advice to new applicants is list nothing and let them find it at that time get material needed. I'm now in a catch 22 that'll be months unwinding if ever. The divorce that just keeps on giving!

If the jurisdiction where this took place does not have any records of your arrest, then they can provide you with a document stating just that. That should be enough for the DPS. To lie in your application is a no-no as others have indicated.

[3wood]

I completely agree with being honest that's why I did'nt think twice and listed it. The confusion for me came when speaking to the DPS when I was told that not listing it would not have disqualified me.I was told if they caught it and I would be where I'm at now or if nothing was found it would have proceeded. I guess what surprised me the most is no sanction for leaving it off. Possibly the person I spoke to was ill informed but we had such a long conversation he did say he'd been with DPS 18 years.I've got a statement on the way from the jurisdiction stating no record of arrest hopefully that will put an end to it. Thanks to all that replied I have found your forum very helpful and informative.

[thatguy]

When filling out the app I listed a arrest I had for a hot check that was left hanging during a divorce when the ex closed the account 2 soon. Now the dps and the jursidiction where this took place has no record of any such thing. My advice to new applicants is list nothing and let them find it at that time get material needed. I'm now in a catch 22 that'll be months unwinding if ever. The divorce that just keeps on giving!

Sorry about the divorce thing, it does seem to never end.

That being said you were still correct in listing ALL of the facts involving your criminal (not that you are habitual) history. As other posts show if you are caught up in not telling the whole truth, the long and slow arm of the law has away of coming back to get you (like the divorce).

I believe one of the things you can do is have a misdameanor and felony record search/report done from the county where you were arrested. That will be a record dates and dispostion of the case.

Keep the Faith.