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I've read the many comments about arrests and who's responsible for what. I thought DPS keeps arrest records for all jurisdictions and entities regardless of whether charges are filed. At least that's what I was told by TDCJ. I was checking on an arrest for a relative that was an obvious error. The police said he had been arrested by TDCJ. (I don't know if TDCJ actually arrests people or not, but that's what the police told him and that it was on his record.) I called TDCJ and the arrest information was there (the lady said it was very strange and getting stanger as she reviewed the information in the data bank). She said there's nothing TDCJ can do about it because DPS is the official records keeper and administrator for arrests. TDCJ said to contact his local DPS office so that's what I told him to do. If it's true it would seem DPS knew about this BG's arrest, but had no effective way to "connect the dots" for purposes of CHL suspension if warranted. Was I mis-informed?

srothstein wrote:I am not as sure of this as you Jim. In some cases, it is certainly true because their legal ability to even possess a firearm is gone. But in the case of a suspension for a DWI charge, for example, I don't think the license automatically becomes invalid. I believe he can legally carry and use the license until DPS suspends it.

I think that question would have to be decided by case law. As far as I know, the question has never come up.

Most people who are "caught" with weapons are already pretty far down the creek without a paddle. Nearly all common offenses that are already class A or B misdemeanors are going to be enhanced by weapon possession. For a person with a CHL, DWI while armed with a handgun is also PC 46.035(d).

As to who has to notify DPS, I put the duty on the DA for a reason. They are the ones who know when the charge is formally returned or not. They also have access to the TLETS system to check if he has a CHL. Since they are supposed to be entering it into TLETS criminal history sections, it would not be too hard for them to add the check and do the notification.

That's logical, but we have to keep in mind the thin air in the upper stories of the Texas Capitol building.

Perhaps an even better idea would be for DPS to unify their computer systems.

People always talk about the right hand not knowing what the left hand is doing.

I want that to be the case in government. I want information to be subject to checks and balances. Otherwise there is too much risk of bad information being propagated all over and causing grief. (Need I mention the no-fly list?)

- Jim

The prior charges were dropped on this guy. Wouldn't he have gotten his license back if it had been suspended after being charged? Am I not understanding something?

C-dub wrote:The prior charges were dropped on this guy. Wouldn't he have gotten his license back if it had been suspended after being charged?

If his license was suspended, and if the conditions under which it was suspended no longer existed, and if he asked DPS to restore it, probably that is what would have happened.

It appears that none of this is automatic, except possibly in the case of a felony conviction in Texas. I can imagine all kinds of things that would fall through the cracks, like a protective order that was issued in another state.

- Jim

seamusTX wrote:It appears that none of this is automatic, except possibly in the case of a felony conviction in Texas. I can imagine all kinds of things that would fall through the cracks, like a protective order that was issued in another state. - Jim

If all of this were "automatic", CHL applicants wouldn't have to list any arrest or criminal history information on their application. Everything would just "show up" when DPS "pushed the button" and their background check results popped out of the computer.

WildBill wrote:

seamusTX wrote:It appears that none of this is automatic, except possibly in the case of a felony conviction in Texas. I can imagine all kinds of things that would fall through the cracks, like a protective order that was issued in another state. - Jim

If all of this were "automatic", CHL applicants wouldn't have to list any arrest or criminal history information on their application. Everything would just "show up" when DPS "pushed the button" and their background check results popped out of the computer.

There you go, using logic again.