Question About An Old Arrest And Eligibility: Update

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WildBill
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Re: Question About An Old Arrest And Eligibility

#16

Post by WildBill » Mon Feb 27, 2012 12:35 pm

:thumbs2: That's good news. At least now you won't lose any more sleep.
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Oldgringo
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Re: Question About An Old Arrest And Eligibility

#17

Post by Oldgringo » Mon Feb 27, 2012 6:38 pm

Kadelic wrote:Thanks again for the comments and advice. I've spoken to a gentleman with the DPS CHL department and explained my situation: That I already answered "no" on my online application, why I answered "no," and that in fact I actually had been arrested. Worst case scenario, If I were to submit my checklist and other material with my application stating I have never been arrested, and a record of that arrest came up, they ( the DPS) would just send me a letter requesting a certified record search from the relevant county clerks office that included the final disposition or that no record existed. I would not be disqualified or face any other form of punishment. He even suggested that, after speaking to the county clerk and they confirm that they have no record, that I not even bother sending any information regarding the arrest to them. For something that long ago with no disposition, or even an arraignment, the only thing that would raise a flag to them would be a conviction.
Sounds like a sleeping dog to me. "rlol"

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Re: Question About An Old Arrest And Eligibility

#18

Post by G26ster » Mon Feb 27, 2012 7:06 pm

I'm just curious how the State of Texas can even ask if you been arrested. I know I couldn't ask that question of a job applicant. I could ask about convictions, but not arrests. Can someone "in the know" explain?

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Re: Question About An Old Arrest And Eligibility: Update

#19

Post by Kadelic » Thu Mar 29, 2012 11:07 am

Update:

After nine days under review I got the status update today that the background check is complete and manufacturing is pending. The same day I mailed my packet to DPS I sent a request to the relevant county clerk with a check for the certified record check fee, you know, just in case. Still haven't heard back from them, nor has my check been processed. Oh well.
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Re: Question About An Old Arrest And Eligibility: Update

#20

Post by KC5AV » Thu Mar 29, 2012 11:48 am

Excellent news. Congratulations.
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Re: Question About An Old Arrest And Eligibility

#21

Post by speedsix » Thu Mar 29, 2012 11:55 am

G26ster wrote:I'm just curious how the State of Texas can even ask if you been arrested. I know I couldn't ask that question of a job applicant. I could ask about convictions, but not arrests. Can someone "in the know" explain?


...a concealed carry license is considered a "benefit"...normal privacy does not apply...as part of the application, we sign away normal privacy rights to obtain that benefit...

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Re: Question About An Old Arrest And Eligibility

#22

Post by G26ster » Thu Mar 29, 2012 12:16 pm

speedsix wrote:
G26ster wrote:I'm just curious how the State of Texas can even ask if you been arrested. I know I couldn't ask that question of a job applicant. I could ask about convictions, but not arrests. Can someone "in the know" explain?


...a concealed carry license is considered a "benefit"...normal privacy does not apply...as part of the application, we sign away normal privacy rights to obtain that benefit...
Thanks for your response. A second part of the question would be, "what do arrests have to do with it?" Can you be denied a CHL due to arrests, with no convictions? If not, then it seems asking about convictions would be more relevant.

I always thought you were "innocent until proven guilty in court" Still curious.

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Re: Question About An Old Arrest And Eligibility

#23

Post by Keith B » Thu Mar 29, 2012 12:33 pm

G26ster wrote:
Thanks for your response. A second part of the question would be, "what do arrests have to do with it?" Can you be denied a CHL due to arrests, with no convictions? If not, then it seems asking about convictions would be more relevant.

I always thought you were "innocent until proven guilty in court" Still curious.
Actually, unless the case has been dismissed or a verdict handed down, then they can prohibit you from getting your license if you have a pending Class B or higher, or an offense under TPC 42.01 or equivalent.
GC §411.172. ELIGIBILITY wrote: (4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
Keith
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Re: Question About An Old Arrest And Eligibility: Update

#24

Post by speedsix » Thu Mar 29, 2012 12:37 pm

Kadelic wrote:Update:

After nine days under review I got the status update today that the background check is complete and manufacturing is pending. The same day I mailed my packet to DPS I sent a request to the relevant county clerk with a check for the certified record check fee, you know, just in case. Still haven't heard back from them, nor has my check been processed. Oh well.

...I'd stop payment on that sucker...they don't need your donation...


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Re: Question About An Old Arrest And Eligibility: Update

#25

Post by speedsix » Thu Mar 29, 2012 12:42 pm

...I wish...WISH...that we had constitutional carry...since we don't...I'm glad that they're so picky about who is eligible and who is not...in my class and my renewal classes, I saw attitudes and idiots that I hoped wouldn't pass the background check...from "who can I shoot" to wannabe cops...with questions to match...nothing's perfect...but we've got enough who get CHLs and shouldn't...some serious screening might save some lives, since we have to jump through the hoops for now anyways...

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Re: Question About An Old Arrest And Eligibility

#26

Post by G26ster » Thu Mar 29, 2012 1:55 pm

Keith B wrote:
G26ster wrote:
Thanks for your response. A second part of the question would be, "what do arrests have to do with it?" Can you be denied a CHL due to arrests, with no convictions? If not, then it seems asking about convictions would be more relevant.

I always thought you were "innocent until proven guilty in court" Still curious.
Actually, unless the case has been dismissed or a verdict handed down, then they can prohibit you from getting your license if you have a pending Class B or higher, or an offense under TPC 42.01 or equivalent.
GC §411.172. ELIGIBILITY wrote: (4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
Thanks Keith. I agree with the "charged," but being arrested in itself does not always mean charged. But, I did use the word "convictions" when I should have used "charged." I'm still left with wondering what the relevance of being arrested is.

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Re: Question About An Old Arrest And Eligibility: Update

#27

Post by Kadelic » Thu Mar 29, 2012 1:59 pm

speedsix wrote:
Kadelic wrote:Update:

After nine days under review I got the status update today that the background check is complete and manufacturing is pending. The same day I mailed my packet to DPS I sent a request to the relevant county clerk with a check for the certified record check fee, you know, just in case. Still haven't heard back from them, nor has my check been processed. Oh well.

...I'd stop payment on that sucker...they don't need your donation...
I talked to the clerk today, and much like my record that doesn't exist, apparently neither does said check. She also suggested I stop payment on it since it should have been processed by now one way or another.
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Re: Question About An Old Arrest And Eligibility

#28

Post by Keith B » Thu Mar 29, 2012 1:59 pm

G26ster wrote:
Keith B wrote:
G26ster wrote:
Thanks for your response. A second part of the question would be, "what do arrests have to do with it?" Can you be denied a CHL due to arrests, with no convictions? If not, then it seems asking about convictions would be more relevant.

I always thought you were "innocent until proven guilty in court" Still curious.
Actually, unless the case has been dismissed or a verdict handed down, then they can prohibit you from getting your license if you have a pending Class B or higher, or an offense under TPC 42.01 or equivalent.
GC §411.172. ELIGIBILITY wrote: (4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;

Thanks Keith. I agree with the "charged," but being arrested in itself does not always mean charged. But, I did use the word "convictions" when I should have used "charged." I'm still left with wondering what the relevance of being arrested is.
Unless you have been charged, then I doubt the arrest is going to show on a background check (don't know that for a fact though.) You could be released pending charges and you can be in limbo for awhile unitl the DA decides what they want to do. best bet is if you have been arrested for a Class B or above (or 42.01 violation), but no disposition on the case, you need to get it cleared up and either dropped or found not guilty before you apply for a CHL.
Keith
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Re: Question About An Old Arrest And Eligibility: Update

#29

Post by speedsix » Thu Mar 29, 2012 2:16 pm

...different from state to state...in LA, once you told the person he was under arrest, you couldn't let him go...you had to take him in and put the arrest and the charge for which he was arrested into the "book"...back then, a literal record book on the patrol desk...then, the city attorney could dismiss the charge if he wanted to...but to release someone after the word "arrest" was used opened the officer and city up to lawsuit...the "charge" was the reason for(what law he broke)the arrest...no arrest meant no charges...

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Re: Question About An Old Arrest And Eligibility: Update

#30

Post by G26ster » Thu Mar 29, 2012 2:23 pm

Keith B wrote: Unless you have been charged, then I doubt the arrest is going to show on a background check (don't know that for a fact though.) You could be released pending charges and you can be in limbo for awhile unitl the DA decides what they want to do. best bet is if you have been arrested for a Class B or above (or 42.01 violation), but no disposition on the case, you need to get it cleared up and either dropped or found not guilty before you apply for a CHL.
Thanks again Keith. I'll go with the, "could be released pending charges" as the answer. I'm still not sure it's right for the state to ask about arrests, if no charges have been filed as of the time of application. If the arrest is important, then the statute should say so. BTW, I'm not asking for me, as I have never been arrested and have had my CHL for several years.

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