Charges Dismissed: Eligible?

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craig_o
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Charges Dismissed: Eligible?

Post by craig_o »

So let's say (of COURSE this is hypothetical) that I was charged with a Class A and Class B misdomenor.

Both charges were dismissed. No probation, DAJ, community service, nadda zero zip zilch and my records get wiped clean as of two years of the arrest.

I understand that dismissal isn't grounds for denying or revoking CHL. I'm curious if it matters what KIND of Misdomenor I commit... as in, do I have to tell them anything beyond:

Arrested on "X" day
Charged with Class A
Charged with Class B
All charges dismissed

Any further specifics necessary?

P.S. don't worry, I wasn't endangering anybody in any way; the arrest was total crap hence the dismissal (if you're in a car even if it isn't YOURS that has drugs in somebody else's stupid boyfriend's possession, guess what? you're screwed!) :oops: .
In Texas, we have the death penalty and we use it. In Texas, if you kill somebody we're gonna kill you back.
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txinvestigator
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Re: Charges Dismissed: Eligible?

Post by txinvestigator »

craig_o wrote:So let's say (of COURSE this is hypothetical) that I was charged with a Class A and Class B misdomenor.

Both charges were dismissed. No probation, DAJ, community service, nadda zero zip zilch and my records get wiped clean as of two years of the arrest.

I understand that dismissal isn't grounds for denying or revoking CHL. I'm curious if it matters what KIND of Misdomenor I commit... as in, do I have to tell them anything beyond:

Arrested on "X" day
Charged with Class A
Charged with Class B
All charges dismissed

Any further specifics necessary?

P.S. don't worry, I wasn't endangering anybody in any way; the arrest was total crap hence the dismissal (if you're in a car even if it isn't YOURS that has drugs in somebody else's stupid boyfriend's possession, guess what? you're screwed!) :oops: .
I am not clear, were you tried or offered a plea? Or did they just drop the charges altogether? I don't understand the statement about your "record getting wiped clean after 2 years of the arrest.

Can you help me out? ;-)
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.
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craig_o
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Joined: Sat Dec 23, 2006 10:45 pm
Location: TX, thank God!

Post by craig_o »

absolutely.

went to my court date, lawyer talked to the prosecuters and the charges got dismissed. the case did not go to trial, and I'm assuming since no "sentance" of any kind was imposed that means that no plea deal was reached (there wasn't even a "pee in the cup for us and you're free to go" scenario). I didn't ever have to enter a plea of any kind either. That's about as specific as I can get due to my basic understanding of legal procedure.

Oh, by wiped I mean expunged... the arrest record, etc. will all be destroyed and I can legally say I wasn't ever arrested... my lawyer told me that expunctions take 2 years because of legal law.
In Texas, we have the death penalty and we use it. In Texas, if you kill somebody we're gonna kill you back.
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craig_o
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Joined: Sat Dec 23, 2006 10:45 pm
Location: TX, thank God!

Post by craig_o »

honestly I just need to know if I have to list my offense or just the class of misdomenor it was...

Arrested on "X" day
Charged with Class A
Charged with Class B
All charges dismissed


Would that be acceptable for the affidavit?
In Texas, we have the death penalty and we use it. In Texas, if you kill somebody we're gonna kill you back.
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txinvestigator
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Post by txinvestigator »

craig_o wrote:absolutely.

went to my court date, lawyer talked to the prosecuters and the charges got dismissed. the case did not go to trial, and I'm assuming since no "sentance" of any kind was imposed that means that no plea deal was reached (there wasn't even a "pee in the cup for us and you're free to go" scenario). I didn't ever have to enter a plea of any kind either. That's about as specific as I can get due to my basic understanding of legal procedure.

Oh, by wiped I mean expunged... the arrest record, etc. will all be destroyed and I can legally say I wasn't ever arrested... my lawyer told me that expunctions take 2 years because of legal law.
You should be fine. You may or may not know, but expunctions are not automatic and your attorney must apply for one.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.
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txinvestigator
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Post by txinvestigator »

craig_o wrote:honestly I just need to know if I have to list my offense or just the class of misdomenor it was...

Arrested on "X" day
Charged with Class A
Charged with Class B
All charges dismissed


Would that be acceptable for the affidavit?
I am looking at a CHL application, and you must list the offense. It does not matter, as DPS cannot release the information in the application to anyone. If your expunction comes after your CHL is issued, be sure the DPS CHL division is on the list of agencies in the court order.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.
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craig_o
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Joined: Sat Dec 23, 2006 10:45 pm
Location: TX, thank God!

Post by craig_o »

Yeah, my attorney made it clear that it was a process we had to instigate... suffice to say I have it on my calendars and he allegedly does.

The charges scared me so money was no object when I was looking for a lawyer. Shameless endorsement: Barry Sorrels in Dallas, TX is a class act boys and girls.

When it says list the offense does that just entail "Misdomenor Drug Possession Class A" and "Misdomenor Drug Possession Class B" ? I didn't know if there were special numbers/codes/other "legalise" I should come prepared with.

I'm just so glad the prosecuter was a reasonable man/woman! On the summons or whatever it is you get they were going to seek DAJ just as a standard operating procedure (as a first time "offense" that pretty much means they go for DAJ by default; I've never gotten so much as a traffic ticket! Let's just say I'm not one of those morons playing but my attorney went straight for and got total dismissal.

Thanks for your help!
In Texas, we have the death penalty and we use it. In Texas, if you kill somebody we're gonna kill you back.
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txinvestigator
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Post by txinvestigator »

You don't need to list the "class" of the charge. Just the charge. For example sake;

"Possession of marihuana under 2 ounces" etc.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.
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