Sealed record disclosure

[Texasbubba50]

Tx law states that a sealed record, or order of non disclosure allows the person to omit the fact that they were ever arrested.

Second, a sealed record is not considered a conviction for CHL purposes.

Hi,

Can anyone confirm this is true? I am getting ready to go through the process of "Letter of Non-Disclosure" on a 1979 deferred adjudication of a Class 1 Felony Arson conviction (set a dumpster on fire when I was young, drunk, and stupid) - 10 years deferred

I am getting conflicting information from lawyers (1 says it would allow me to get CHL - other says no) and the DPS is on overload on calls after the holiday.

Before I spend the $1,500 - I would like your thoughts. My main goal is CHL but I would be happy with being able to purchase without being delayed every time.

Thanks!
Steve

[Bullwhip]

I don't mean to be critical, but I am curious....as I am 59 years old and have managed to never be arrested, tried, or convicted of anything in my life. And I wasn't an angel child growing up.....

Me neither, but when we were kids they didn't call the cops instead of the principal.

http://news.yahoo.com/one-third-young-u ... 50693.html" onclick="window.open(this.href);return false;

"One-third of young U.S. adults have been arrested: study"

[Crossfire]

I don't mean to be critical, but I am curious....as I am 59 years old and have managed to never be arrested, tried, or convicted of anything in my life. And I wasn't an angel child growing up.....

Me neither, but when we were kids they didn't call the cops instead of the principal.

http://news.yahoo.com/one-third-young-u ... 50693.html" onclick="window.open(this.href);return false;

"One-third of young U.S. adults have been arrested: study"

No kidding! Things that we got licks for at school now get kids an arrest record. Heck, things that we DIDN'T even get licks for now get kids arrested!

[flechero]

Mine was a juvenile record, but sealed nonetheless.

I disclosed it, since I wasn't sure if I could omit it.... but added a handwritten note with my application, stating (what it was and the date and disposition) it was sealed and had the local court officer sign my note stating that there were no records available. It was not questioned and did not hold up my processing.

[SwimFan85]

Can anyone confirm this is true? I am getting ready to go through the process of "Letter of Non-Disclosure" on a 1979 deferred adjudication of a Class 1 Felony Arson conviction (set a dumpster on fire when I was young, drunk, and stupid) - 10 years deferred

GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171, if an
order of deferred adjudication was entered against the person on a date
not less than 10 years preceding the date of the person's application for
a license under this subchapter unless the order of deferred adjudication
was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable
under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense listed
in Subdivision (1).

It looks like deferred adjudication for a felony under Sec. 28.02. ARSON is cool.

[Texasbubba50]

Thanks Everyone,

Finally got through to DPS and confirmed that I don't really need a Petition of Non-Disclosure to get a CHL now that the 10 years is up, etc.

Saved me about $1,500 bucks although I may do it anyway to clean up my records...

Starting process now and Thanks to all that responded...

Steve

[bilgerat57]

I have to agree with a previous post stating that you should call DPS and get a determination from them. Sealed is a euphimism for 'not easliy available, but there anyway'. I was always under the impression that juvenile records were sealed once you gained legal adulthood. However, under the Patriot Act, employers can check your juvenile records for criminal offenses. A young man with our company was arrested as a juvenile and charged with "Terroristic Threats" (he threatened to beat up a fellow student). He didn't list it on his employment application because 1. he received deferred adjudication and was told it was expunged, and 2. It was a juvenile offense. His employment was almost terminated for falsification of application. Be ready to supply supporting documentation to DPS in the event they want you to list it on your application. Good Luck!

[Ameer]

Ameer,

In the Court of Criminal Appeals decision (Kurtz) that said that a traffic stop was an arrest, they specifically said it did not rise to the status of a custodial arrest that would trigger Miranda. The key point is that Miranda does not say you must be warned of your rights when you are arrested, but when you are being asked questions while in custody whether arrested or not.

Thank you Steve. What about that cliche question, "Do you know how fast you were going?"

Unless we're free to ignore the flashing blue lights and keep driving, it seems like we're in custody during a traffic stop. I'm speaking of the Plain English meaning of the words not Lawyerish. Now that I think of it, that may be my problem.

[bilgerat57]

Ameer,

In the Court of Criminal Appeals decision (Kurtz) that said that a traffic stop was an arrest, they specifically said it did not rise to the status of a custodial arrest that would trigger Miranda. The key point is that Miranda does not say you must be warned of your rights when you are arrested, but when you are being asked questions while in custody whether arrested or not.

Thank you Steve. What about that cliche question, "Do you know how fast you were going?"

Unless we're free to ignore the flashing blue lights and keep driving, it seems like we're in custody during a traffic stop. I'm speaking of the Plain English meaning of the words not Lawyerish. Now that I think of it, that may be my problem.

IMHO - That is the biggest problem we have today with our justice system. The simple fact is that common english isn't sufficient to express legal concepts. Seems to me that it takes the law out of the hands of the people and restricts the understanding of it to an elite group.........didn't our forefathers fight a war at one time over that very concept?