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i was wrongfully arrested for dwi in dec 2007. finally went to court for it dec 2008. the case was "dismissed in the interest of justice". now i know this will not stop me from getting my chl, but before i spend all this money on the class and paying the state for thelicense is there a time frame i need to wait to make sure all the bureaus have the fact my case was dismissed in their databases? thank you gents.

god bless.

I'm sure someone will correct me if I make any inaccurate statements.

I don't see any harm in proceeding as is. Just make sure you list the arrest and the outcome on your paperwork. Maybe it will get hung up and they'll ask for clarification but at least it's in the pipeline then.

pcernuch wrote:i was wrongfully arrested for dwi in dec 2007. finally went to court for it dec 2008. the case was "dismissed in the interest of justice". now i know this will not stop me from getting my chl, but before i spend all this money on the class and paying the state for thelicense is there a time frame i need to wait to make sure all the bureaus have the fact my case was dismissed in their databases? thank you gents.

god bless.

IANAL, but you do not have a conviction so there is no effect on your ability to get a CHL. Unfortunately, according to DPS rules, you should list it on your application and attach a copy of your case disposition. The "databases" don't matter as long as you attach a certified copy of your case disposition. Since it was so recent, you shouldn't have a hard time getting a certified copy from the court clerk. I suggest that you get a couple of extra copies to file away in case you need them in the future.

Best to you.

. .

pcernuch,

I would recommend that you eventually file an expunction order to make sure all those nasty records on you are destroyed...Then you'll never have to explain yourself again, unless you're asked about it in court while under oath. But even then you are limited in what you legally have to reveal.

dawgfishboy wrote:pcernuch,

I would recommend that you eventually file an expunction order to make sure all those nasty records on you are destroyed...Then you'll never have to explain yourself again, unless you're asked about it in court while under oath. But even then you are limited in what you legally have to reveal.

I am not sure if this is possible. I believe that this remedy is available only for people convicted of a crime. Not fair, but that's the way it is. You would have to talk to an experienced lawyer to find out for sure. It's a common misconception, but expunged records are not destroyed.

WildBill wrote:

dawgfishboy wrote:pcernuch,

I would recommend that you eventually file an expunction order to make sure all those nasty records on you are destroyed...Then you'll never have to explain yourself again, unless you're asked about it in court while under oath. But even then you are limited in what you legally have to reveal.

I am not sure if this is possible. I believe that this remedy is available only for people convicted of a crime. Not fair, but that's the way it is. You would have to talk to an experienced lawyer to find out for sure. It's a common misconception, but expunged records are not destroyed.

pcernuch,

Assuming the arrest was in Texas...
Read for yourself and you decide: http://tlo2.tlc.state.tx.us/statutes/do ... m#55.01.00

And don't just rely on an experienced lawyer, rely on a lawyer that has experience with Expunctions.
I know of one in the DFW area if needed.

dawgfishboy wrote:And don't just rely on an experienced lawyer, rely on a lawyer that has experience with Expunctions.
I know of one in the DFW area if needed.

I stand corrected. Sorry, I was thinking of another state. Please disregard my previous post.