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In the early 1960's while growing up in a small town in East Texas I was in a car with five other guys (I was around 15) and we were stopped. There was a long dead beer can under one of the seats (probably belonging to a previous owner) but we were all busted for minor possession and consumption. Such was life at that time in a small East Texas town that we each had to raise $20 bail. One got out by raising pocket change and we each were bailed out by the previous raising money. This, of course, was to keep our parents from knowing our disgrace (and not getting our butts beat ). I am applying for my CHL and wondered about that so I called said small town, got the proper office, and asked if it was on my record. I was informed that records in the town prior to 1969 were not available anywhere. They were simply gone. I know the city judge was stuffing his pockets (his name was Shorty if that gives you a hint). Should I include this on my app. or just forget it?

The proper thing to do is list the arrest, if you were arrested.

However, if you are unable to show disposition of the charge, as there are no records, it is likely that DPS would not know about the charge as well, so another school of thought would be as to why would you muddy the waters of the background check for something that would show nothing.

Sorry I havent said what you SHOULD do, but only spelled out the two options, but in the end, you need to make the decision of how to proceed.

Technically you should list the arrest and get a letter from the dept you spoke to stating that they have no record of it. You could also run a background check on yourself and see if it shows up (highly unlikely).

Two paths available:

1. Truthfully list the arrest on your application. Get a letter from clerk of courts stating no record exists. Since a 40+ year-old arrest is not a disqualifying offense anyway, you shall be issued a license. Clean conscience.
2. Unilaterally decide the arrest does not disqualify you and is too much hassle to bother listing it on the application. Commit a criminal act submitting a false application. Worry about whether or not they can find it. If they do find it, prepare to be charged and also be denied a CHL.

Your choice.

List the offense & include the letter from the city clerk stating that the records could not be located. You may also want to check with the county clerk to make sure that the records weren't transferred at some point.

Forget it.

A MIP is nothing. I had one at age 20 years & 51 weeks old while on the beach in Freeport. Same kind of Judge. I went on to be a military pilot with a compartmentalized Top secret clearance (my A/C was nuke qualified), fly for Delta, get my CHL, become a Federal Flight Deck Officer, and that MIP did not come up one time.

howdy wrote:A MIP is nothing. I had one at age 20 years & 51 weeks old while on the beach in Freeport. Same kind of Judge. I went on to be a military pilot with a compartmentalized Top secret clearance (my A/C was nuke qualified), fly for Delta, get my CHL, become a Federal Flight Deck Officer, and that MIP did not come up one time.

It's not a problem for getting a security clearance unless you lie about it and they catch you lying.

You can go to the DPS site and pull your criminal record to check. I don't remember how much it was but it was cheap.

The Dude wrote:

howdy wrote:A MIP is nothing. I had one at age 20 years & 51 weeks old while on the beach in Freeport. Same kind of Judge. I went on to be a military pilot with a compartmentalized Top secret clearance (my A/C was nuke qualified), fly for Delta, get my CHL, become a Federal Flight Deck Officer, and that MIP did not come up one time.

It's not a problem for getting a security clearance unless you lie about it and they catch you lying.

I have not seen anyone advocate this

howdy wrote:

The Dude wrote:

howdy wrote:A MIP is nothing. I had one at age 20 years & 51 weeks old while on the beach in Freeport. Same kind of Judge. I went on to be a military pilot with a compartmentalized Top secret clearance (my A/C was nuke qualified), fly for Delta, get my CHL, become a Federal Flight Deck Officer, and that MIP did not come up one time.

It's not a problem for getting a security clearance unless you lie about it and they catch you lying.

I have not seen anyone advocate this

Nobody has advocated that he get caught lying but it looks like some are implying he might be able get away with lying if DPS doesn't have a record of the arrest.

The Dude wrote:

howdy wrote:

The Dude wrote:

howdy wrote:A MIP is nothing. I had one at age 20 years & 51 weeks old while on the beach in Freeport. Same kind of Judge. I went on to be a military pilot with a compartmentalized Top secret clearance (my A/C was nuke qualified), fly for Delta, get my CHL, become a Federal Flight Deck Officer, and that MIP did not come up one time.

It's not a problem for getting a security clearance unless you lie about it and they catch you lying.

I have not seen anyone advocate this

Nobody has advocated that he get caught lying but it looks like some are implying he might be able get away with lying if DPS doesn't have a record of the arrest.

I hope no one got that out of my post. Shouldn't be a problem at all to get a letter and send it with the app which is exactly what he should do.

jmra wrote:I hope no one got that out of my post. Shouldn't be a problem at all to get a letter and send it with the app which is exactly what he should do.

Probably should be certified also.

If I read it right, a MIP is a class C misdemeanor so that should not be disqualifying. My Daughter had an incident in college where she was arrested and then all charges were dropped. She never went to court or anything. She applied for student teaching and did not list the arrest because there were never any charges brought by the DA. The arrest was still there and she had to do a real tap dance to keep her student teaching job. She ended up getting hired by that same district.

I had juvy "history" I knew would not come up, but I listed it anyhow. I was never asked to get statements from dps in the state(s). I think they do not spend alot of time on it when they see you finally grew up and have kept your nose clean for the last 30 years...