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Crap...I forgot to disclose my minor in possession of alcohol from 1995. I did not get arrested, and I only received a ticket. Should I be worried about a failure to disclose? Should I amend my application?

I'd get ahead of any problems by being the one to disclose it.

If you only got a ticket for it, does it matter?

Mine was just a ticket.Never said anything about it,or a bunch of moving violations in my long time ago youth.Personaly,I don't think it matters.

A ticket is issued as a promise you will appear in court. I have never heard of a ticket being issued for anything but class C misdemeanors, class C misdemeanors don't have to be listed. If you only had to pay a fine and/or community service and take a chewing out by the judge it was probably a class C.

MoJo wrote:A ticket is issued as a promise you will appear in court. I have never heard of a ticket being issued for anything but class C misdemeanors, class C misdemeanors don't have to be listed. If you only had to pay a fine and/or community service and take a chewing out by the judge it was probably a class C.

Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR.

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.

(c) An offense under this section is punishable as provided by Section 106.071.

Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.

(b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.

According to the code posted above, it appears that it is a Class C misdemeanor. I know that Class C misdemeanors [other than Disorderly Conduct] won't make you ineligible for a CHL, but I thought they had to be reported.

WildBill wrote:

MoJo wrote:A ticket is issued as a promise you will appear in court. I have never heard of a ticket being issued for anything but class C misdemeanors, class C misdemeanors don't have to be listed. If you only had to pay a fine and/or community service and take a chewing out by the judge it was probably a class C.

Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR.

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.

(c) An offense under this section is punishable as provided by Section 106.071.

Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.

(b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.

According to the code posted above, it appears that it is a Class C misdemeanor. I know that Class C misdemeanors [other than Disorderly Conduct] won't make you ineligible for a CHL, but I thought they had to be reported.

The above notwithstanding, 1995 was 18 years ago. Doesn't that count?

Oldgringo wrote:

WildBill wrote:

MoJo wrote:A ticket is issued as a promise you will appear in court. I have never heard of a ticket being issued for anything but class C misdemeanors, class C misdemeanors don't have to be listed. If you only had to pay a fine and/or community service and take a chewing out by the judge it was probably a class C.

Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR.

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.

(c) An offense under this section is punishable as provided by Section 106.071.

Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.

(b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.

According to the code posted above, it appears that it is a Class C misdemeanor. I know that Class C misdemeanors [other than Disorderly Conduct] won't make you ineligible for a CHL, but I thought they had to be reported.

The above notwithstanding, 1995 was 18 years ago. Doesn't that count?

1995 was 18 years ago? Yikes! IMO, it should not count, but I don't make the rules. I really don't think that he will be able to find any record of it. If he puts it on the application it will not disqualify him and he may sleep better.

I wouldn't bother with it myself. Aren't traffic tickets such as speeding a Class C misdemeanor? A person is not required to list those. When I applied for my license, I understood that only arrest and Class A and/or B misdemeanors had to be listed. The OP stated that he was not arrested for the MPI. Why would it be any different?

However, I am not a lawyer.

tomtexan wrote:I wouldn't bother with it myself. Aren't traffic tickets such as speeding a Class C misdemeanor? A person is not required to list those. When I applied for my license, I understood that only arrest and Class A and/or B misdemeanors had to be listed. The OP stated that he was not arrested for the MPI. Why would it be any different?

However, I am not a lawyer.

I have read on this forum that if you were booked and fingerprinted then you had to report it as an arrest. The DPS site answers the question about arrests, but does not define arrest:

18. Am I required to list all arrests on my application, even if the cases were dismissed or if I was found not guilty?

Yes. Applicants are required to report all arrests in order to ensure the background checks can be conducted timely. The application should include the year, the offense, the location and the final disposition. Copies of the dispositions will assist in the timely processing your application. Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application.

WildBill wrote:

tomtexan wrote:I wouldn't bother with it myself. Aren't traffic tickets such as speeding a Class C misdemeanor? A person is not required to list those. When I applied for my license, I understood that only arrest and Class A and/or B misdemeanors had to be listed. The OP stated that he was not arrested for the MPI. Why would it be any different?

However, I am not a lawyer.

I have read on this forum that if you were booked and fingerprinted then you had to report it as an arrest. The DPS site answers the question about arrests, but does not define arrest:

18. Am I required to list all arrests on my application, even if the cases were dismissed or if I was found not guilty?

Yes. Applicants are required to report all arrests in order to ensure the background checks can be conducted timely. The application should include the year, the offense, the location and the final disposition. Copies of the dispositions will assist in the timely processing your application. Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application.

I agree with the arrest part and all of the above. I was simply responding to the OP.

bgrimm wrote:Crap...I forgot to disclose my minor in possession of alcohol from 1995. I did not get arrested, and I only received a ticket. Should I be worried about a failure to disclose? Should I amend my application?

I received lots of tickets in my youth.

On Christmas Eve the police reminded me that the tickets meant that I was supposed to show-up in court by throwing me in jail...

tomtexan wrote:

WildBill wrote:

tomtexan wrote:I wouldn't bother with it myself. Aren't traffic tickets such as speeding a Class C misdemeanor? A person is not required to list those. When I applied for my license, I understood that only arrest and Class A and/or B misdemeanors had to be listed. The OP stated that he was not arrested for the MPI. Why would it be any different?

However, I am not a lawyer.

I have read on this forum that if you were booked and fingerprinted then you had to report it as an arrest. The DPS site answers the question about arrests, but does not define arrest:

18. Am I required to list all arrests on my application, even if the cases were dismissed or if I was found not guilty?

Yes. Applicants are required to report all arrests in order to ensure the background checks can be conducted timely. The application should include the year, the offense, the location and the final disposition. Copies of the dispositions will assist in the timely processing your application. Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application.

I agree with the arrest part and all of the above. I was simply responding to the OP.

bgrimm wrote:Crap...I forgot to disclose my minor in possession of alcohol from 1995. I did not get arrested, and I only received a ticket. Should I be worried about a failure to disclose? Should I amend my application?

Tomtexan - I am not disagreeing with your post. I was trying to clarify, but it appears I am just muddying the waters.

I've heard that juvenile records are sealed unless the juvie was tried as an adult for some serious crime . . . so would a "minor in possession" juvenile record even show up as part of the adult background check?

IANAL, so I just don't know . . .

HankB wrote:I've heard that juvenile records are sealed unless the juvie was tried as an adult for some serious crime . . . so would a "minor in possession" juvenile record even show up as part of the adult background check?

IANAL, so I just don't know . . .

Here is a link to a lawyer's website that answers some questions about sealing records.

https://www.recordgone.com/texas/juveni ... #question5" onclick="window.open(this.href);return false;