Re: Reported History Question
Posted: Thu Jan 16, 2014 7:46 pm
but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...
TexasCHLforum.com
The focal point for Texas firearms information and discussions
https://texaschlforum.com/
Reported History Question
Page 2 of 3
Re: Reported History Question
Posted: Thu Jan 16, 2014 7:50 pm
Gonna ask my attorney as well as DPS.
Re: Reported History Question
Posted: Thu Jan 16, 2014 8:23 pm
If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?SewTexas wrote:but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...
Re: Reported History Question
Posted: Thu Jan 16, 2014 9:19 pm
WildBill wrote:If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?SewTexas wrote:but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...
personally, I agree. But alot of people are saying report it, sooo....
Re: Reported History Question
Posted: Thu Jan 16, 2014 9:27 pm
See, this is why LEOs are so powerful. It's not the courtroom that I worry about, it's the aftermath of the arrest itself that will inherently cost thousands to the otherwise lawful citizen... I consider an arrest to be at least $10k out of my pocket in legal fees - expungements, legal clarification, defense, bail, etc.
If I was a criminal, I wouldn't care. I'd pay my bail and be on my way...
If I was a criminal, I wouldn't care. I'd pay my bail and be on my way...
Re: Reported History Question
Posted: Fri Jan 17, 2014 10:18 am
I am just giving my opinions for argument sake. I am not advising people what to do.SewTexas wrote:personally, I agree. But alot of people are saying report it, sooo....WildBill wrote:If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?SewTexas wrote:but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...
I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.
Re: Reported History Question
Posted: Fri Jan 17, 2014 11:40 am
WildBill wrote:I am just giving my opinions for argument sake. I am not advising people what to do.SewTexas wrote:personally, I agree. But alot of people are saying report it, sooo....WildBill wrote:If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?SewTexas wrote:but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...
I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.
Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.
Re: Reported History Question
Posted: Fri Jan 17, 2014 4:45 pm
Me neither, but it still bothers me. I didn't think that simply getting arrested was a crime.jmra wrote:
Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.
Re: Reported History Question
Posted: Fri Jan 17, 2014 5:34 pm
I don't exactly understand it myself. I'm a firmed believer in innocent until proven guilty.WildBill wrote:Me neither, but it still bothers me. I didn't think that simply getting arrested was a crime.jmra wrote:
Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.
Re: Reported History Question
Posted: Fri Jan 17, 2014 6:21 pm
Me too. If it ain't in writin' (records), it never happened; IOW, DADT.jmra wrote:WildBill wrote:I am just giving my opinions for argument sake. I am not advising people what to do.SewTexas wrote:personally, I agree. But alot of people are saying report it, sooo....WildBill wrote:If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?SewTexas wrote:but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...
I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.
Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.
Re: Reported History Question
Posted: Fri Jan 17, 2014 6:30 pm
Oldgringo wrote:jmra wrote:WildBill wrote:I am just giving my opinions for argument sake. I am not advising people what to do.SewTexas wrote:personally, I agree. But alot of people are saying report it, sooo....WildBill wrote:If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?SewTexas wrote:but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...
I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.
Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.
Re: Reported History Question
Posted: Fri Jan 17, 2014 6:40 pm
If it's expunged then it should be gone and, IANAL, it shouldn't have to be disclosed nor should it be used against you.
Re: Reported History Question
Posted: Fri Jan 17, 2014 6:44 pm
There are many times that even though the item is expunged it still will show up on a background check. If you were arrested you should list it. Get a certified disposition from the court where the event occurred, even if it shows no records found, and send that along.
Re: Reported History Question
Posted: Fri Jan 17, 2014 7:18 pm
Maybe this should be addressed in a legislative session then? Why make people spend thousands of dollars if they want to have their record/name cleared only to force them to submit information that shows they were arrested because the state can't purge it's systems?Keith B wrote:There are many times that even though the item is expunged it still will show up on a background check. If you were arrested you should list it. Get a certified disposition from the court where the event occurred, even if it shows no records found, and send that along.
Didn't mean to get off topic to rail on the bureaucracy.
Re: Reported History Question
Posted: Fri Jan 17, 2014 7:21 pm
A real expunction will not show on a background check.Keith B wrote:There are many times that even though the item is expunged it still will show up on a background check. If you were arrested you should list it. Get a certified disposition from the court where the event occurred, even if it shows no records found, and send that along.
An expunction orders all traces of the arrest to be destroyed.
He does not have to disclose it, and if a record is found he has a cause of action. DPS would not be able to deny the license.Texas Code of Criminal Procedure
Art. 55.04. VIOLATION OF EXPUNCTION ORDER.
Sec. 1. A person who acquires knowledge of an arrest while an officer or employee of the state or of any agency or other entity of the state or any political subdivision of the state and who knows of an order expunging the records and files relating to that arrest commits an offense if he knowingly releases, disseminates, or otherwise uses the records or files.
Sec. 2. A person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged under this chapter commits an offense.
Sec. 3. An offense under this article is a Class B misdemeanor.
Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:
(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.