CHL eligibility question

[neilp]

Thanks to my soon-to-be-ex wife I was charged with a Class B misdemeanor. The charge was theft by check - she took my check book and wrote some hot checks, on an account I had already closed. I didn't find out about this until a warrant was issued. As soon as I knew about the issue I met with the DA's investigator, gave a hand writing sample, and the warrant was cancelled and the charge dismissed.

I have searched the county records on line and it shows this case's current status as "disposed" and the disposition as "dismissed-other". Will I be able to get a CHL?

Thanks for any advice

Neil

[seamusTX]

A dismissed charge is not disqualification. You just have to document the disposition.

- Jim

[neilp]

Thanks for the information - good news! Do you know what documentation is required? All I have is a small slip of paper that confirms the warrant was cancelled.

Neil

[seamusTX]

You need something official from the clerk of the court.

If you had any kind of hearing before a judge, the clerk of the court should be able to produce a copy of the judge's order dismissing the charge.

If the DA dropped the charge without your every going to court (which it sounds like in this case), the clerk of the court can give you a letter that says you were not convicted of any crime in that timeframe (some courts charge by the year searched, for example, $5 or $10 per year).

- Jim

[seamusTX]

P.S.: Rereading your original message, I just realized, if you were not arrested and fingerprinted, you don't have to report this incident to DPS on you CHL application.

- Jim

[neilp]

I was not arrested or printed. Buit it does still show up on a records search.

I think I could get it expunged from my record it I knew how.....

[seamusTX]

Maybe a CHL instructor will comment on this situation, because I never heard of it before.

- Jim

[Aggie_engr]

I had something on my record that was dismissed, which I wasn't arrested/jailed/printed for and dps sent me a letter asking for documentation showing it was dismissed. I reported it in my appplication, just didn't send any court docs with it. I would go ahead and get the court docs just to be safe, it took about 10 minutes at the local courthouse to get mine. Better safe than sorry and avoid any delays!

[neilp]

Aggie

Thanks for the info I'll do that.

OT: I see that you and Jim are from Galveston - how are things there? Never get to hear much about the storm recovery here in Austin.

[seamusTX]

The situation in Galveston is very mixed. A lot of people and businesses are back to normal, as we are. Many people are still repairing their homes. Many homes are now apparently abandoned. Many people have lost jobs. Many businesses will never reopen. Several churches and schools are closed and may never reopen. UTMB will not be what it was in the foreseeable future.

Tourists will not find that much has changed, except for businesses on the Strand. Even there, while some are gone for good, many have reopened; and some new ones have opened.

- Jim

[neilp]

A quick update. The CHL application asks for all arrests, charges and indictments to be disclosed. So I think I am obligated to list this issue as I was charged although not arrested.

I went to the court house and got the paperwork. It shows that it was dismissed because I paid restitution. This is not accurate. The charge was dismissed because I was not guilty. I did pay restitution so that they wouldn't go after my ex for felony fraud (second offense). She had enough legal issues of her own making at the time.

I called the CHL office at the DPS. As the charge was dismissed it will not be an issue regarding CHL eligibility.

However I will be pursuing the incorrect records at the courthouse. The Assistant County Attorney should be calling me to discuss the matter. I will not let this remain on my record as it implies guilt on my part and I was not guilty. My research so far indicates that getting an item expunged is a painful and lawyer intensive process. However I do believe that a County Judge can issue a pardon so I am going to ask that they pursue that course. I would have thought that a pardon requested by the CA's office should be pretty automatic. I don't see why I should have to go to the expense of a lawyer and pursue getting this expunged if the court is at fault for mis-recording the reason for dismissal.

Interestingly a lawyer was in the CA's office waiting in line behind me. He agreed that the court is obligated to correctly record the disposition of the case or could be considered to have acted ultra vires. I got his card just in case.....

I thought this information might be useful for others in the future.