Ok, I believe that I have a pretty good understanding of what types of criminal offenses one would have to list on the CHL application, but I want to clear up a few things.
From what I have read here on the boards, you need to be sure to list any arrests in which you were fingerprinted and photographed. I have one incident from more than 5 years ago that got me put in for a few hours for a 17 dollar check that bounced. I payed a fine up in Williamson County, (the court fees were more than the fine) and took care of it. I am not even sure if it anything more than a class C, but I figure I should put it down anyway. But what about an outstanding traffic ticket? I had an old ticket floating around that I was not even aware of until I went to renew my DL. Took care of that, but is it something that needs to be listed?
Also, in regards to child support. I have an owed amount of back support, but have a payment arrangement that has been in place with the AG's office for 3 years now. Do I just put in a copy of the order that I received from them, or is there some other paperwork I need to secure to include in my packet?
Thanks for any help or comments you may have!
Can someone qualify some things for me?
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Charles L. Cotton
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Re: Can someone qualify some things for me?
Welcome to TexasCHLforum.
You need to list the arrest for a "bad check" and you need to get a copy of the disposition papers to show both the date and the offense rating; i.e. Class C Misdemeanor, etc. If you are in a large county like Harris or Dallas Counties, it's very easy to do. In Harris County, you go the the Criminal Justice Center downtown, go to the 3rd floor (I think it's the 3rd) and ask for a certified criminal history check. I think it's $2 and it will list any charges and the disposition. If it was a Class C, it may well not be in the system and that's fine; the certified Criminal History check will say "no records" and that's all you need.
If the charge was handled in municipal court, this is definitely is a Class C and you'll have the get the disposition sheet from the municipal court clerk.
As for the ticket, a traffic ticket is not an "arrest" unless you were taken to the station and "booked." This is true even if you didn't go to court and had to pay the original fine and/or an FTA (failure to appear) fine.
Since you have a payment schedule approved by the AG's office, you are not "delinquent" in child support. As an attorney, it is my position that no one is "finally determined" to be delinquent on child support, taxes, or student loans, until a judgment has been taken and the time for all appeals has been exhausted. DPS does not share that view when it comes to child support.
Chas.
You need to list the arrest for a "bad check" and you need to get a copy of the disposition papers to show both the date and the offense rating; i.e. Class C Misdemeanor, etc. If you are in a large county like Harris or Dallas Counties, it's very easy to do. In Harris County, you go the the Criminal Justice Center downtown, go to the 3rd floor (I think it's the 3rd) and ask for a certified criminal history check. I think it's $2 and it will list any charges and the disposition. If it was a Class C, it may well not be in the system and that's fine; the certified Criminal History check will say "no records" and that's all you need.
If the charge was handled in municipal court, this is definitely is a Class C and you'll have the get the disposition sheet from the municipal court clerk.
As for the ticket, a traffic ticket is not an "arrest" unless you were taken to the station and "booked." This is true even if you didn't go to court and had to pay the original fine and/or an FTA (failure to appear) fine.
Since you have a payment schedule approved by the AG's office, you are not "delinquent" in child support. As an attorney, it is my position that no one is "finally determined" to be delinquent on child support, taxes, or student loans, until a judgment has been taken and the time for all appeals has been exhausted. DPS does not share that view when it comes to child support.
Chas.
Re: Can someone qualify some things for me?
Charles, thanks for the info sir! I did indeed have to pay a FTA fine, and that was the end of it, I just wanted to make sure that I was not going to run into some trouble if that event was not listed in my packet.
So does the DPS have a different stance on "delinquent" child support obligors then? I would think that they would follow the same line as the AG office would for that.
So does the DPS have a different stance on "delinquent" child support obligors then? I would think that they would follow the same line as the AG office would for that.
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Charles L. Cotton
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Re: Can someone qualify some things for me?
If you want to be abundantly careful, you could list the FTA charge and note that you paid a fine and were not arrested. If any other CHL Instructors have more or better information on the ticket issue, please chime in!echo2112 wrote:Charles, thanks for the info sir! I did indeed have to pay a FTA fine, and that was the end of it, I just wanted to make sure that I was not going to run into some trouble if that event was not listed in my packet.
So does the DPS have a different stance on "delinquent" child support obligors then? I would think that they would follow the same line as the AG office would for that.
DPS's position on child support is that you are not delinquent, if you have a payment plan with the AG's Office and you are paying that as agreed.
Chas.
Re: Can someone qualify some things for me?
I have an arrest for curfew when I was a minor about 16 years ago in CA. I never received a court date or ever paid any fines. Should I list this? How can I find out if it is cleared since I have been living in Texas for the past 14 years? Anybody have any suggestions? I am thinking of just noting it and dealing with it if its an issue with my application. Hopefully, there is no problem and I can get my CHL in the 6 months its normally taking now.
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