Criminal Background Check Question

[bigdaddyedogg]

In 1998, while living in CA, I was charged with a violation of PC 415 (Disturbing the peace) and subsequently pleaded guilty and paid my $200 fine, no probation, just a fine. When this happened I was never arrested, as in, taken to jail, finger printed and photographed. Since this wasn't an "arrest" will I need to list this on my CHL application? Can I be denied a CHL for this violation?

[KBCraig]

In 1998, while living in CA, I was charged with a violation of PC 415 (Disturbing the peace) and subsequently pleaded guilty and paid my $200 fine, no probation, just a fine. When this happened I was never arrested, as in, taken to jail, finger printed and photographed. Since this wasn't an "arrest" will I need to list this on my CHL application? Can I be denied a CHL for this violation?

Sound like a violation for which you received a ticket. With a $200 fine, it doesn't trigger any "crime" thresholds other than a Class C misdemeanor like a traffic ticket.

[CHL/LEO]

other than a Class C misdemeanor like a traffic ticket.

Technically tickets issued are an arrest. I don't know whether or not DPS wants you to list them.

[Crossfire]

DPS does not ask you to list any arrest for which you were not photographed and fingerprinted.

[KBCraig]

other than a Class C misdemeanor like a traffic ticket.

Technically tickets issued are an arrest. I don't know whether or not DPS wants you to list them.

In Texas, that's true, and all violations of the Traffic Code are crimes (Class C misdemeanors or higher). But this took place in California; I don't know California law, but many states have a level of "offense" or "violation" or "civil infraction" that is below a misdemeanor.

And in any case, as was pointed out, there was no custodial arrest here, and that seems to be the DPS threshold. It's a curious threshold, since we occasionally have convicted felons who self-surrender to serve their sentences, and when they go through R&D it's the first time they've ever been fingerprinted or photographed. They stayed out on bond throughout the trial and sentencing, and no one ever bothered processing them.

[MyNameIsPaul]

I called the Nacogdoches Courts yesterday to see if my litle Hiccup back in 2002 would be a problem,(Class B Misdemeanor, Deferred Adjudication) The lady told me that all of the records from that far back have been expunged but there is nothing they can send me to say that. What do ya'll think? I know I had to wait 5 years, but it's been 6 so I assume I am good to go.

[bigdaddyedogg]

Thanks everyone for your opinions on my predicament!
It doesn't sound as though I would have to report this on my CHL application, if DPS defines an arrest as being fingerprinted and photographed. The only reason I even remembered that this happened was because I looked myself up on: http://www.criminalsearches.com. The only things that are listed on there for me are; a traffic ticket (for tinted windows) and this PC 415 thing. Both are listed under the traffic/other category. The heading at the top of that category states: Some states include minor traffic offenses in the data that we receive; however, these people might not be actual criminals. Being that this was 10 years ago I don't remember if it was an infraction or misdemeanor and any paperwork that I had was lost long ago.

[Lonestar 48]

Thanks for posting that website...I wish DPS would use it. My results came back in about half a second. Didn't show a thing.

[MyNameIsPaul]

Thanks for posting that website...I wish DPS would use it. My results came back in about half a second. Didn't show a thing.

Nothing showed up under my name... Maybe I'm good to go!?

[WildBill]

Thanks for posting that website...I wish DPS would use it. My results came back in about half a second. Didn't show a thing.

Nothing showed up under my name... Maybe I'm good to go!?

Don't count on this website to provide accurate information. Convicted murderers and current Texas death row inmates Paul Storey and Melissa Lucio don't show up on criminalsearches.com.

[Lonestar 48]

You're right. I typed in "OJ Simpson" and nothing came back!

[Rokyudai]

Did you try Orenthal James Simpson??