CHL Requirements/ Past minor offenses question

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NTexas_V-Star
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CHL Requirements/ Past minor offenses question

Post by NTexas_V-Star »

I already posted this in a pre-existing thread, but I figured I'd go ahead and start myself a new one, maybe catch some more eyes that way.

I'm a new member, and new to the whole CHL process, so please, bear with me.

My boss, who recently got his CHL, told me that in order to get my CHL, I have to disclose any legal trouble that I have gotten in, in the last 10 years.

So, in my youth, I recieved a few MIP's, a couple speeding tickets, and two or three years ago, I got a PI, which never even went to court, I just sat the night in jail, and got picked up the next morning.


What does all of this mean for me, in regards to getting a CHL? What steps do I need to take to ensure complete and total compliance with the CHL "pre-requisites"?

TIA for any assistance.
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CHL course Taken: January 24th, 2009
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NTexas_V-Star
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Re: CHL Requirements/ Past minor offenses question

Post by NTexas_V-Star »

Is there a specific name or title for the document I'll need on hand?

I called up to some city departments, and can't seem to get any real help.
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CHL course Taken: January 24th, 2009
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WildBill
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Re: CHL Requirements/ Past minor offenses question

Post by WildBill »

The advice from your boss isn't quite correct when he said "legal trouble." You only need to list actual arrests where you were photographed and fingerprinted. You do not need to list speeding tickets.
If you were arrested go to the county clerk in the county where you were arrested and give them the information as best you can. Ask for a certified copy of the disposition of the case. This will be attached to the CHL application form.

It sounds like maybe you were never arrested, so you might be okay.
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NTexas_V-Star
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Re: CHL Requirements/ Past minor offenses question

Post by NTexas_V-Star »

WildBill wrote:The advice from your boss isn't quite correct when he said "legal trouble." You only need to list actual arrests where you were photographed and fingerprinted. You do not need to list speeding tickets.
If you were arrested go to the county clerk in the county where you were arrested and give them the information as best you can. Ask for a certified copy of the disposition of the case. This will be attached to the CHL application form.

It sounds like maybe you were never arrested, so you might be okay.
IANAL and don't pretend to be one.

Thank you sir!

I had just got off the phone with the DPS Concealed Handgun LIcense Bureau, then clicked here, and had a better answer.
The lady with the bureau wasn't too clear. Anyways. I'm pretty sure I was arrested, there were definitely pictures and I'm pretty sure fingerprints as well. At least now I know where to go to get what I need.

Another question though; The Public Intox charge is a Class C Misdemeanor in Texas. Will that hinder me any with the application process?
"Cry Havoc, And Let Slip The Dogs Of War..."

CHL course Taken: January 24th, 2009
Application Mailed: January 31st, 2009
PIN recieved : March 4th, 2009
Certificate Active: April 18, 2009 (Day 77)
Plastic In Hand : April 20th, 2009 (Day 79)
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Re: CHL Requirements/ Past minor offenses question

Post by KRM45 »

The county court will not have any disposition information on this case unless you appealed a conviction. All class C misd. have original jurisdiction in Municipal or JP courts. If this was in a city you should call the municipal court. If it was in the county, call the JP court.

This should have no impact on your ability to get a CHL.
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Re: CHL Requirements/ Past minor offenses question

Post by NTexas_V-Star »

KRM45 wrote:The county court will not have any disposition information on this case unless you appealed a conviction. All class C misd. have original jurisdiction in Municipal or JP courts. If this was in a city you should call the municipal court. If it was in the county, call the JP court.

This should have no impact on your ability to get a CHL.
Municipal Court it is, thank you man.
"Cry Havoc, And Let Slip The Dogs Of War..."

CHL course Taken: January 24th, 2009
Application Mailed: January 31st, 2009
PIN recieved : March 4th, 2009
Certificate Active: April 18, 2009 (Day 77)
Plastic In Hand : April 20th, 2009 (Day 79)
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Hos
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Re: CHL Requirements/ Past minor offenses question

Post by Hos »

Since it was a class c the municipal court will probably be good enough, showing what the outcome of the case and what your record is. Although I did a similar thing and got the dreaded letter that they needed more information for a DWI from the county clerk's office showing a clean record (since I was not charged but I was arrested.) It couldn't hurt to show that this case of yours or any others made it to the county level. It only took me a few minutes and $5.00 to do but it may not be necessary in your circumstance, I'm not for sure but it couldn't hurt just to be thorough.
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Re: CHL Requirements/ Past minor offenses question

Post by Tudor »

If I got a ticket for curfew, possesion of a concealed weapon, and possesion of an illegal weapon, as a minor in colorado desqualify me. I was not arrested just went to court and paid a fine. It was for a knife in my car, the curfew was same time my car broke down after work. It was years ago. I have a utah chl, and planning to get my texas resident soon. Thanks for any responses
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Re: CHL Requirements/ Past minor offenses question

Post by gigag04 »

NTexas_V-Star wrote:
WildBill wrote:The advice from your boss isn't quite correct when he said "legal trouble." You only need to list actual arrests where you were photographed and fingerprinted. You do not need to list speeding tickets.
If you were arrested go to the county clerk in the county where you were arrested and give them the information as best you can. Ask for a certified copy of the disposition of the case. This will be attached to the CHL application form.

It sounds like maybe you were never arrested, so you might be okay.
IANAL and don't pretend to be one.

Thank you sir!

I had just got off the phone with the DPS Concealed Handgun LIcense Bureau, then clicked here, and had a better answer.
The lady with the bureau wasn't too clear. Anyways. I'm pretty sure I was arrested, there were definitely pictures and I'm pretty sure fingerprints as well. At least now I know where to go to get what I need.

Another question though; The Public Intox charge is a Class C Misdemeanor in Texas. Will that hinder me any with the application process?
You were most definitely arrested for PI. The only agency that I know of with the stones to write someone a ticket for PI and then field release them is TABC. IMHO that violates CCP but what do I know...

Anyway, PI is not one of the DOCs so you don't have to have a 5 year trouble free period. The muni court record of the case will be sufficient to attach to your CHL. However, I would warn you to avoid alcohol while carrying. While moderation may be fun, a PI in the past is more than just intoxicated - it is being intoxicated to the point that you were a danger to yourself and others. Just don't risk it.

Also - not going to court may not have anything to do with the disposition of the case. When you were arrested for PI you most likely had to post a bond amount equal to the fine amount. Often times when signing your promise to appear on the cash bond form, there is a footnote at the bottom where you can plead Nolo Contendre (no contest, so the court will find you guilty) and use the bond amount to pay the fine. This finally disposes of the case and you need not go to court. You will have the conviction, and need to send it with your packet.
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Re: CHL Requirements/ Past minor offenses question

Post by WildBill »

FYI - The OP is two years old and Texas_V-Star has his CHL, so he must have worked out his legal issues. Gigag04's advice is still right on target.

It sounds like Tudor still needs some help.
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Re: CHL Requirements/ Past minor offenses question

Post by Crossfire »

Tudor wrote:If I got a ticket for curfew, possesion of a concealed weapon, and possesion of an illegal weapon, as a minor in colorado desqualify me. I was not arrested just went to court and paid a fine. It was for a knife in my car, the curfew was same time my car broke down after work. It was years ago. I have a utah chl, and planning to get my texas resident soon. Thanks for any responses
Juvenile offenses won't disqualify you, unless they were felony grade. You should not have a problem, but you will need copies of the court disposition of those cases.
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Re: CHL Requirements/ Past minor offenses question

Post by thekings20 »

I have multiple Class C misdemeanors for minor in possesion and possesion of drug paraphernelia within the last ten years. Will this disquailify me?
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Re: CHL Requirements/ Past minor offenses question

Post by Crossfire »

No. Class C Misdemeanors do not disqualify you, other than disorderly conduct convictions under section 42.01.
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Re: CHL Requirements/ Past minor offenses question

Post by Tudor »

Crossfire wrote:
Tudor wrote:If I got a ticket for curfew, possesion of a concealed weapon, and possesion of an illegal weapon, as a minor in colorado desqualify me. I was not arrested just went to court and paid a fine. It was for a knife in my car, the curfew was same time my car broke down after work. It was years ago. I have a utah chl, and planning to get my texas resident soon. Thanks for any responses
Juvenile offenses won't disqualify you, unless they were felony grade. You should not have a problem, but you will need copies of the court disposition of those cases.

If the files are sealed after you turn 18 is it possible to get records. It was been almost 20 years ago.
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Re: CHL Requirements/ Past minor offenses question

Post by Crossfire »

Yes, it is possible. If they will not release the records to you, DPS will assist you in getting them.
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