Confused as to if I am eligible for CHL

Golfer · Post by **Golfer** » Sat Dec 23, 2006 5:28 am

3-5 years ago I received a disorderly conduct class C misdemeanor charge and while I was a minor at the time I'm thinking it could still disqualify me from getting my CHL according to TX law.

Current pending criminal charge for a felony, Class A or B misdemeanor, or Disorderly Conduct, or status as a fugitive from justice for any of the preceding charges

I'm guessing/hoping that it was over the 5 year mark so that it wouldn't be an issue but I cant find any info on the charge. I even paid a online site for a background check but that yielded no results. I'm thinking because I was a minor it is sealed but I dont think that is the case as it was held in a regular court, not a juvenile one. So where do I look to see if this will be a problem? Who do I ask? Should I apply for the CHL/disclose this on the application? I'm not sure if this is the right place for this question, but thanks anyways.

However, the paper from the court came in today in regards to the class C citation. I could have sworn it was for disorderly conduct but on the paper it says "Offense #1: Disruption of Class" Is that even a real charge? So its for Disruption of class instead of Disorderly Conduct, meaning I dont have to disclose it? Also it is over th 5 year mark.

Thanks

RPBrown · Post by **RPBrown** » Sat Dec 23, 2006 6:30 am

Welcome to the Forum

As long as it was a class C, there should't be any problem. If however it was an A or B the 5 year mark would apply.

lrb111 · Post by **lrb111** » Sat Dec 23, 2006 11:00 am

That sounds like some sort of charge by school district police. (guessing)
I dont think it would affect you now, at all.

txinvestigator · Post by **txinvestigator** » Sat Dec 23, 2006 2:07 pm

Disruption of class is not a state charge. I did some research and discovered that some cities and towns have such a municipal ordinance, so it would be a Class C misdemeanor.

You need to disclose it on your application; however, it will not keep you from getting a CHL for even 1 day.

You are not from Nacogdoches are you?

Golfer · Post by **Golfer** » Sat Dec 23, 2006 7:50 pm

txinvestigator wrote:Disruption of class is not a state charge. I did some research and discovered that some cities and towns have such a municipal ordinance, so it would be a Class C misdemeanor.

You need to disclose it on your application; however, it will not keep you from getting a CHL for even 1 day.

You are not from Nacogdoches are you?

That makes sense. Should I still disclose it even though it was not an arrest only a citation? Im not worried about disclosing it only the extra paperwork and if they dont find it and I disclose it I would only think it would cause more issues for them. I dunno though. Thanks guys!

Golfer · Post by **Golfer** » Sat Dec 23, 2006 7:55 pm

lrb111 wrote:That sounds like some sort of charge by school district police. (guessing)
I dont think it would affect you now, at all.

Well the thing is I had to go down to the regular municipal court for the case.. Also it doesnt show up on the regular background checks you run online :dunno:

lrb111 · Post by **lrb111** » Sat Dec 23, 2006 9:06 pm

Golfer wrote:
lrb111 wrote:That sounds like some sort of charge by school district police. (guessing)
I dont think it would affect you now, at all.
Well the thing is I had to go down to the regular municipal court for the case.. Also it doesnt show up on the regular background checks you run online :dunno:

I realize you are saying municipal court, but was it related to a "teen court" scenario? The local teen court meets in regular council chambers.

srothstein · Post by **srothstein** » Sun Dec 24, 2006 12:44 am

Technical correction that may help someone understand this better. If the charge was disruption of classes, it is a state charge, as a violation of education code section 37.124. It is a class C misdemeanor and would have been tried in either a municipal court or a JP court. Most big city school districts use JP courts in my experience. Many times, students and teachers refer to this as disorderly conduct because it really is a case of a student misbehaving. Some cops will talk about it that way so parents will understand what the student did wrong, but they will write the correct charge on the ticket.

There is no such thing anymore as juvenile records being automatically sealed. This was changed about 8 years ago and the records will show up and be used now.

Now, for the specific question being asked, it will depend on the actual charge issued. As I read the law (government Code 411.172), if the OP was charged with disorderly conduct (Penal Code 42.01) he has to wait five years. Some sections of this make sense because parts of this law deal with weapons misconduct and fighting, but most of it does not. If the OP was charged with disrupting classes, as a violation of the education code, he is good to go on the 5 years. He should still disclose it if they ask for any convictions but it should not affect things when he does. I won't promise that DPS will interpret this the same way i read it though.

Golfer · Post by **Golfer** » Sun Dec 24, 2006 7:36 am

I just put it down and included a copy of the ticket I got from the court. I just hope it doesn't add to the already lengthy delay with these apps. Thanks again

txinvestigator · Post by **txinvestigator** » Sun Dec 24, 2006 1:38 pm

srothstein wrote:Technical correction that may help someone understand this better. If the charge was disruption of classes, it is a state charge, as a violation of education code section 37.124. It is a class C misdemeanor and would have been tried in either a municipal court or a JP court. Most big city school districts use JP courts in my experience. Many times, students and teachers refer to this as disorderly conduct because it really is a case of a student misbehaving. Some cops will talk about it that way so parents will understand what the student did wrong, but they will write the correct charge on the ticket.

There is no such thing anymore as juvenile records being automatically sealed. This was changed about 8 years ago and the records will show up and be used now.

Now, for the specific question being asked, it will depend on the actual charge issued. As I read the law (government Code 411.172), if the OP was charged with disorderly conduct (Penal Code 42.01) he has to wait five years. Some sections of this make sense because parts of this law deal with weapons misconduct and fighting, but most of it does not. If the OP was charged with disrupting classes, as a violation of the education code, he is good to go on the 5 years. He should still disclose it if they ask for any convictions but it should not affect things when he does. I won't promise that DPS will interpret this the same way i read it though.

Thanks for the correction. I didn't even think of looking in the Education Code.

srothstein · Post by **srothstein** » Mon Dec 25, 2006 6:34 pm

txinvestigator wrote:Thanks for the correction. I didn't even think of looking in the Education Code.

No problem. I learned it has some weird things in it by dealing with the schools and school police. Otherwise, I would have never thought of it.