Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Posted: 1/15/2013 4:32:02 AM EDT
Unfortunately, I got a class B misdemeanor which I am in the process of finishing probation for. (F U Wilco) I will be done with it at the end of February. Anyway, I don't understand the DPS language on whether I am eligible or not. So can I, or can't I obtain my CHL?

Also, can I still even buy a gun?
Link Posted: 1/15/2013 4:43:47 AM EDT
[Last Edit: 1/15/2013 4:49:12 AM EDT by kenndogg]
what's the misdemeanor?
edit-believe if it within five years than no.
Link Posted: 1/15/2013 4:45:57 AM EDT
[Last Edit: 1/15/2013 4:51:13 AM EDT by sHockz]

Originally Posted By kenndogg:
what's the misdemeanor?

possession of marijuana

didn't even know i had it in the car...it was in my ash tray. i owned this truck when i was in high school. i will admit, i puffed a few in high school, but i quit when i went into college. that was 9 years ago...

so when i got pulled over, at 4am in the morning coming home from work, i took no issue when the cop asked to search my vehicle because he smelled "pot". i just laughed and told him to go ahead, not realizing that apparently i had been driving around with a tiny already smoked to the end piece of a joint in my ash tray. and since wilco is zero tolerance, i got screwed.
Link Posted: 1/15/2013 4:52:46 AM EDT
Not until 5 years after your conviction date.
Link Posted: 1/15/2013 4:53:06 AM EDT

Originally Posted By kenndogg:
what's the misdemeanor?
edit-believe if it within five years than no.

what if i expunge it from my record?
Link Posted: 1/15/2013 4:53:31 AM EDT
[Last Edit: 1/15/2013 4:56:51 AM EDT by kenndogg]
http://www.txdps.state.tx.us/internetforms/forms/chl-16.pdf


GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase a handgun;
(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
(12) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
Link Posted: 1/15/2013 5:04:19 AM EDT
Originally Posted By sHockz:

Originally Posted By kenndogg:
what's the misdemeanor?
edit-believe if it within five years than no.

what if i expunge it from my record?


page 3 of link

GC §411.171. DEFINITIONS. In this subchapter:
(1) “Action” means single action, revolver, or semi-automatic action.
(2) “Chemically dependent person” means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) “Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(4) “Convicted” means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.
Link Posted: 1/15/2013 5:10:51 AM EDT
[Last Edit: 1/15/2013 5:11:17 AM EDT by sHockz]

Originally Posted By kenndogg:
Originally Posted By sHockz:

Originally Posted By kenndogg:
what's the misdemeanor?
edit-believe if it within five years than no.

what if i expunge it from my record?


page 3 of link

GC §411.171. DEFINITIONS. In this subchapter:
(1) "Action” means single action, revolver, or semi-automatic action.
(2) "Chemically dependent person” means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) "Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(4) "Convicted” means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

yea, i don't understand that. can you clarify? too many legal words i am unfamiliar with.

i currently am on what they called "deferred adjudication probation".
Link Posted: 1/15/2013 5:16:38 AM EDT
Basically, no. You cant get that expunged and get a CHL. I'm not even sure you can have that record expunged anyway. You'll have to wait 5 years from the conviction date.
Link Posted: 1/15/2013 5:21:13 AM EDT
[Last Edit: 1/15/2013 5:21:59 AM EDT by kenndogg]
deferred adjudication is basically considered a conviction in your scenario
Link Posted: 1/15/2013 5:22:34 AM EDT
so can i still buy a gun or do i have to wait 5 years for that as well?
Link Posted: 1/15/2013 5:30:07 AM EDT
Your deferred will make you ineligible from the date you were placed on probation.

Misdemeanors, except family violence, do not prevent you from purchasing a firearm.

I am a CHL instructor.

Link Posted: 1/15/2013 5:30:30 AM EDT
Originally Posted By sHockz:
so can i still buy a gun or do i have to wait 5 years for that as well?


Download Form 4473 and answer the questions yourself.

In regards to a Texas CHL, your conviction makes it look like you have a chemical dependency problem. The citizens of the State of Texas don't want a stoned guy carrying around a gun. You sorta ruined it for yourself doing whatever you did with weed.

It all boils down to "If you have to ask........" maybe you should not be asking in the first place.
Link Posted: 1/15/2013 5:30:51 AM EDT
Your deferred will make you ineligible from the date you were placed on probation.

Misdemeanors, except family violence, do not prevent you from purchasing a firearm.

I am a CHL instructor.

Link Posted: 1/15/2013 5:33:02 AM EDT
Originally Posted By refidnasb:
Originally Posted By sHockz:
so can i still buy a gun or do i have to wait 5 years for that as well?


Download Form 4473 and answer the questions yourself.

In regards to a Texas CHL, your conviction makes it look like you have a chemical dependency problem. The citizens of the State of Texas don't want a stoned guy carrying around a gun. You sorta ruined it for yourself doing whatever you did with weed.

It all boils down to "If you have to ask........" maybe you should not be asking in the first place.


Under Texas law, a single conviction does not make one a chemically dependant person.

Link Posted: 1/15/2013 5:37:07 AM EDT

Originally Posted By txinvestigator:
Originally Posted By refidnasb:
Originally Posted By sHockz:
so can i still buy a gun or do i have to wait 5 years for that as well?


Download Form 4473 and answer the questions yourself.

In regards to a Texas CHL, your conviction makes it look like you have a chemical dependency problem. The citizens of the State of Texas don't want a stoned guy carrying around a gun. You sorta ruined it for yourself doing whatever you did with weed.

It all boils down to "If you have to ask........" maybe you should not be asking in the first place.


Under Texas law, a single conviction does not make one a chemically dependant person.


Thank you for your easy to read clarification. I appreciate that.

Guess I have 4 years to go then until I can protect myself without having to run back to my car first.
Link Posted: 1/15/2013 5:41:55 AM EDT
Originally Posted By txinvestigator:
Originally Posted By refidnasb:
Originally Posted By sHockz:
so can i still buy a gun or do i have to wait 5 years for that as well?


Download Form 4473 and answer the questions yourself.

In regards to a Texas CHL, your conviction makes it look like you have a chemical dependency problem. The citizens of the State of Texas don't want a stoned guy carrying around a gun. You sorta ruined it for yourself doing whatever you did with weed.

It all boils down to "If you have to ask........" maybe you should not be asking in the first place.


Under Texas law, a single conviction does not make one a chemically dependant person.



The State does not count just a conviction, they can look for other dependency issues "Other evidence of chemical dependency may also make an individual ineligible for a CHL", according to the State's website.
Link Posted: 1/15/2013 7:15:18 AM EDT
possession of marijuana

didn't even know i had it in the car...it was in my ash tray. i owned this truck when i was in high school. i will admit, i puffed a few in high school, but i quit when i went into college. that was 9 years ago...

so when i got pulled over, at 4am in the morning coming home from work, i took no issue when the cop asked to search my vehicle because he smelled "pot". i just laughed and told him to go ahead, not realizing that apparently i had been driving around with a tiny already smoked to the end piece of a joint in my ash tray. and since wilco is zero tolerance, i got screwed.



WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI
Link Posted: 1/15/2013 7:40:57 AM EDT

Originally Posted By wdlsguy:
possession of marijuana

didn't even know i had it in the car...it was in my ash tray. i owned this truck when i was in high school. i will admit, i puffed a few in high school, but i quit when i went into college. that was 9 years ago...

so when i got pulled over, at 4am in the morning coming home from work, i took no issue when the cop asked to search my vehicle because he smelled "pot". i just laughed and told him to go ahead, not realizing that apparently i had been driving around with a tiny already smoked to the end piece of a joint in my ash tray. and since wilco is zero tolerance, i got screwed.



WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI

That list not entirely accurate. Just because you are not under arrest does not necessarily mean that you are free to leave. Police can temporarily detain someone if they have reasonable suspicion that a crime has been committed without probable cause for arrest. Attempting to flee a lawful detention from a police officer is a crime.

Also, you have the right to attorney during questioning by the police after arrest. Police are not obligated to let you call an attorney from the side of the road. However, you can call one after being booked into jail.

The rest of that list is pretty solid though.
Link Posted: 1/15/2013 8:02:02 AM EDT
A conviction in the eyes of the ATF makes you a user. Careful the next time you fill out a 4473. Ask me how I know.

Five years have to elapse from the date of conviction. I never had a conviction. Although my situation was a little different, my background check prompted a Medical Board Advisory review to make sure I was capable of exercising sound mind with respect to the proper use and storage of a handgun. If that happens to you, you need to spend more money to get a letter from a physician clearing you of any insanity/chemical dependency/whatever.

Actions have consequences. Learn from it. Be grateful you are getting a second chance. Make yourself into a responsible citizen (and more careful ) and you'll be fine. Ask me how I know.
Link Posted: 1/15/2013 8:06:07 AM EDT
Tagged as another reference thread for someone who thought he had no reason not to consent to a search.
Link Posted: 1/15/2013 8:16:09 AM EDT
[Last Edit: 1/15/2013 8:17:44 AM EDT by SoftwareJanitor]
Originally Posted By sHockz:

Originally Posted By kenndogg:
what's the misdemeanor?

possession of marijuana

didn't even know i had it in the car...it was in my ash tray. i owned this truck when i was in high school. i will admit, i puffed a few in high school, but i quit when i went into college. that was 9 years ago...

so when i got pulled over, at 4am in the morning coming home from work, i took no issue when the cop asked to search my vehicle because he smelled "pot". i just laughed and told him to go ahead, not realizing that apparently i had been driving around with a tiny already smoked to the end piece of a joint in my ash tray. and since wilco is zero tolerance, i got screwed.


Hopefully you've learned that the answer is always NO. Hopefully everyone else reading this learns something too... If nothing other than don't drive in Wilco after midnight if you can at all avoid it and if you have to, be extremely careful. And clean your damned car out more than once every 9 years...
Link Posted: 1/15/2013 8:46:18 AM EDT
Getting it expunged will work.
Link Posted: 1/15/2013 9:23:41 AM EDT
[Last Edit: 1/15/2013 11:10:49 AM EDT by sHockz]
edit
Link Posted: 1/15/2013 9:36:57 AM EDT
5 YEARS you got 5 years...

Don't worry though I have a buddy who keeps slapping false protective orders on him every two years like clock work. He can't even buy a dang gun and has never done anything wrong. She used it as a way to get him out of the house so she could make a quick buck and disappear now she just keeps doing it cause its free and cost her nothing but to show up at court. I told him to hire an attorney and sue the crap out of here. You would think judges would catch on after a while. The poor guy can't even see his kid because of this crap and no there is no arrest and there is no abuse of any kind she cheated got caught and screwed him the second he asked her for a divorce...
Link Posted: 1/15/2013 5:14:49 PM EDT
Originally Posted By chas_martel:
Getting it expunged will work.


I don't believe deferreds qualify for expunctions
Link Posted: 1/15/2013 5:19:29 PM EDT
Check your messages.
Link Posted: 1/15/2013 9:49:44 PM EDT
Check with a lawyer before you take everyone's word for something like this in a forum such a this. Several a saying "I think" and others aren't so sure either. Some may be correct, but I would take the word of a lawyer to get it clarified.
Link Posted: 1/15/2013 10:16:59 PM EDT
Just get an AZ Non Resident permit.


Link Posted: 1/16/2013 4:16:39 AM EDT
Originally Posted By Blaifarm:
Check with a lawyer before you take everyone's word for something like this in a forum such a this. Several a saying "I think" and others aren't so sure either. Some may be correct, but I would take the word of a lawyer to get it clarified.


Unless you pick a lawyer that specializes in gun laws, most lawyers are not likely to have a clue.
Link Posted: 1/16/2013 4:18:02 AM EDT
Originally Posted By refidnasb:
Originally Posted By txinvestigator:
Originally Posted By refidnasb:
Originally Posted By sHockz:
so can i still buy a gun or do i have to wait 5 years for that as well?


Download Form 4473 and answer the questions yourself.

In regards to a Texas CHL, your conviction makes it look like you have a chemical dependency problem. The citizens of the State of Texas don't want a stoned guy carrying around a gun. You sorta ruined it for yourself doing whatever you did with weed.

It all boils down to "If you have to ask........" maybe you should not be asking in the first place.


Under Texas law, a single conviction does not make one a chemically dependant person.



The State does not count just a conviction, they can look for other dependency issues "Other evidence of chemical dependency may also make an individual ineligible for a CHL", according to the State's website.


Can you point to any evidence that the OP has such issues?
Link Posted: 1/16/2013 10:58:27 AM EDT
Originally Posted By FP2000H:
A conviction in the eyes of the ATF makes you a user. Careful the next time you fill out a 4473. Ask me how I know.

Five years have to elapse from the date of conviction. I never had a conviction. Although my situation was a little different, my background check prompted a Medical Board Advisory review to make sure I was capable of exercising sound mind with respect to the proper use and storage of a handgun. If that happens to you, you need to spend more money to get a letter from a physician clearing you of any insanity/chemical dependency/whatever.

Actions have consequences. Learn from it. Be grateful you are getting a second chance. Make yourself into a responsible citizen (and more careful ) and you'll be fine. Ask me how I know.


Ok. How do you know?
Link Posted: 1/16/2013 11:39:48 AM EDT
[Last Edit: 1/16/2013 11:41:52 AM EDT by JBnTX]
Originally Posted By sHockz:

Originally Posted By kenndogg:
what's the misdemeanor?

possession of marijuana

didn't even know i had it in the car...it was in my ash tray. i owned this truck when i was in high school. i will admit, i puffed a few in high school, but i quit when i went into college. that was 9 years ago...

so when i got pulled over, at 4am in the morning coming home from work, i took no issue when the cop asked to search my vehicle because he smelled "pot". i just laughed and told him to go ahead, not realizing that apparently i had been driving around with a tiny already smoked to the end piece of a joint in my ash tray. and since wilco is zero tolerance, i got screwed.


That cop must have the nose of a bloodhound?
He could still smell a 9 year old "smoked to the end" joint?

Link Posted: 1/21/2013 5:22:26 AM EDT
Originally Posted By txinvestigator:
Originally Posted By chas_martel:
Getting it expunged will work.


I don't believe deferreds qualify for expunctions


So, if someone is placed on deferred for a misdemeanor or a felony and they complete their probation without incident, they wont qualify for a CHL?

I did not know that...
Link Posted: 1/21/2013 6:08:11 AM EDT
Originally Posted By DS11M:
Originally Posted By txinvestigator:
Originally Posted By chas_martel:
Getting it expunged will work.


I don't believe deferreds qualify for expunctions


So, if someone is placed on deferred for a misdemeanor or a felony and they complete their probation without incident, they wont qualify for a CHL?

I did not know that...

Yes. Texas Government Code 411 (h).
Link Posted: 1/21/2013 7:56:56 AM EDT
Originally Posted By chas_martel:
Getting it expunged will work.


That is my understanding as well... expunged means GONE.

I had a run in with a young punk cop back 15 years ago, didn't commit a crime at all.. fought it..sued the city and they dropped all charges and expunged the ARREST from my record. I went to canada years later, they asked me if I was a U.S. Citizen..at first I didn't hear them because me and my buddy had the stereo up quite loud for hours before getting there..told them to repeat the question please, etc..then it took a couple seconds to register..never been asked if I was a U.S. citizen before and was literally thinking ' DUH' I'm coming from the U.S. lol...anyways ended up being sent to the side for searching and review...told the lady inside when she asked if I had been arrested that yes I had been arrested but there shouldn't be any record of it, it was expunged but I can't say No and then if they messed up and didn't clear it I look like I am lying... she sent me outside and the drug dog and the person the dog was walking (jk) searched the car for drugs.. they wanted the HUGE subwoofer box removed but we tried for 15 minutes and could not get it out, finally the lady just said don't worry about it and let us go...

I reported this on my CHL for Texas and it delayed everything as well.. but the application says to reports arrests, does not exclude EXPUNGED arrests... and I emailed them and they said they were waiting on that issue... I then called Michigan up and they searched my record and said NO nothing shows...pretty sure Texas DPS was listening to my phone call and the very next day my CHL was approved and put forth into manufacturing!

They wanted a date, etc for an arrest that happened 15 years or so ago..who remembers that or keeps a record of some BS incident with a power-tripping punk cop for which nothing ever comes from it. I sent the Tx DPS site an email informing them that they should clarify the difference of EXPUNGED records for things over say 5,7,10 years old... I mean if it's not something that could deny you a chl then you shouldn't have to report it at all if it was EXPUNGED because EXPUNGED means it NEVER HAPPENED! I hope they adjust the wording and make the process smoother for those who apply in the future!

I am not a LAWYER although a lot of my friends think I am or tell me I should become one, but if you get your Arrest Expunged I think you have a chance at getting a CHL. Getting a Lawyer to get your record expunged will likely cost you $1,000 or more.. not sure if that is worth it to you or not. You could try calling a lawyer and tell them the situation and possibly get advice for free over the phone as to whether or not they could expunge your record and if it would subsequently make you good for a CHL or not!
Link Posted: 1/21/2013 9:46:43 AM EDT
Is it even possible to expunge an arrest that resulted in adjudication or conviction?
Link Posted: 1/21/2013 9:59:52 AM EDT
I don't think so but I'm no lawyer
Link Posted: 1/21/2013 10:06:24 AM EDT
Originally Posted By TK5:
Is it even possible to expunge an arrest that resulted in adjudication or conviction?


I am not sure how it works in Texas, usually your best chance at expungement is when you go to court for the charge, if they convict you then it may be part of the deal that after so many years the record is expunged for good behavior..meaning if you don't get in any trouble they clean your record, I would think it would be much more difficult to expunge a record after the fact unless there was some way to bring evidence that wasn't available before that could clear your name. I have a buddy who used to live in NJ, now lives in Michigan who cannot get a concealed weapons permit forever because he has a Felony, stolen vehicle, etc for New Jersey.. they don't clear records ever..I think his only option is a presidential pardon..

LAWYERS from Texas will have the answers, they know the law here..and it can vary greatly from state to state.
Calling Lawyers and asking some questions over the phone and you may get your answers for free and determine whether it's worth the cost to pursue anything... My Lawyer in the 90's cost me $700...so like I said...it will cost you, costs more once you are convicted and costs more that it is now 2013...lol

Try calling 10 lawyers offices and see what they say in a free phone consultation.. they get a rough idea of what you are looking for to see if they can help you or if they can redirect you to someone who can, or to see if you have a case...

I would look for a lawyer who mentions CHL's
Link Posted: 1/21/2013 10:43:51 AM EDT
[Last Edit: 1/21/2013 10:44:41 AM EDT by refidnasb]
Originally Posted By TK5:
Is it even possible to expunge an arrest that resulted in adjudication or conviction?


No. If you plead "no contest", "guilty" or were found "guilty", if your conviction was adjudicated in any manner, you cannot have your arrest or conviction expunged. The only time that could possibly happen is if the case was some gross miscarriage of justice and involved the highest levels of the state government calling for a case to be overturned and expunged. There are ways to cover it up, like an "order of non-disclosure" but it never goes away. The DPS would see it pop up instantly.

To expunge an arrest, one would need to be found "not guilty" or have charges dropped prior to any verdict, plea or judgement. The state would need to drop their charges against the arrestee. Under the law, your are innocent until proven guilty and as such would qualify for an expunged arrest record.

Keep your nose clean and you can answer without pause everytime!
Link Posted: 1/21/2013 10:51:03 AM EDT
Originally Posted By wdlsguy:
possession of marijuana

didn't even know i had it in the car...it was in my ash tray. i owned this truck when i was in high school. i will admit, i puffed a few in high school, but i quit when i went into college. that was 9 years ago...

so when i got pulled over, at 4am in the morning coming home from work, i took no issue when the cop asked to search my vehicle because he smelled "pot". i just laughed and told him to go ahead, not realizing that apparently i had been driving around with a tiny already smoked to the end piece of a joint in my ash tray. and since wilco is zero tolerance, i got screwed.



WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI


Cops do not have to ask if they smell pot they can go for it.

These are the reasons why you never ever consent to a search, nothing good for you can come from it. Not to mention that cops have access to pot and other drugs that they might just find in your car.
If you dont let them search nothing your your friend left or the cops will be found in your car.

The other day I found a beer left in my car from trip down to the beach on a bachelor party. For all I know some of those young guy left some pot in my car. I doubt it but you never know. Just avoid the problem by saying no.
Link Posted: 1/21/2013 1:55:23 PM EDT
Originally Posted By TEXASROOTERSBROTHER:
For all I know some of those young guy left some pot in my car. I doubt it but you never know. Just avoid the problem by saying no.


Another effective method is to avoid trouble is not to party with those that "party"
Link Posted: 1/21/2013 2:41:12 PM EDT
Originally Posted By refidnasb:
Originally Posted By TK5:
Is it even possible to expunge an arrest that resulted in adjudication or conviction?


No. If you plead "no contest", "guilty" or were found "guilty", if your conviction was adjudicated in any manner, you cannot have your arrest or conviction expunged. The only time that could possibly happen is if the case was some gross miscarriage of justice and involved the highest levels of the state government calling for a case to be overturned and expunged. There are ways to cover it up, like an "order of non-disclosure" but it never goes away. The DPS would see it pop up instantly.

To expunge an arrest, one would need to be found "not guilty" or have charges dropped prior to any verdict, plea or judgement. The state would need to drop their charges against the arrestee. Under the law, your are innocent until proven guilty and as such would qualify for an expunged arrest record.

Keep your nose clean and you can answer without pause everytime!


This.

Link Posted: 1/22/2013 4:13:35 AM EDT
[Last Edit: 1/22/2013 4:14:52 AM EDT by TEXASROOTERSBROTHER]
Originally Posted By TK5:
Originally Posted By TEXASROOTERSBROTHER:
For all I know some of those young guy left some pot in my car. I doubt it but you never know. Just avoid the problem by saying no.


Another effective method is to avoid trouble is not to party with those that "party"


Well I was at a party and I was one of the older ones there. I did not see any illegal activity,hookers, strippers I would have been headed home. It was a weekend fishing type bachelor party. It was actually tame.

I took 6 of them in my fwd suburban down the beach about 22 miles on Sunday morning and some of them drank beer . It is against the law of the land to drink on the beach while driving or a passenger.

It is not against my law as I was grandfathered in years ago back when it was perfectly legal in Texas to drink and drive.. It is also against the law to drink before Sunday noon on the beach period. I am not a big drinker but when I go fishing or beach combing I drink beer usually 4. Four beers over 4-5 hours.

I have modified my drinking on the beach however. I have found that very few cops go down past 3 mile cut on Matagorda beach and you can see them for a long way. When I get past 8 miles I will put my beer on the dash.

The fact that I found an unopened beer in my truck which is not against the law shows how easy it is for someone to leave something that is questionable in your truck.

If no one owns up to the contraband the driver usually takes the brunt. It is far easier to just say no thanks officer I dont have time for a search.

When you get past the nude beach sign at 12 miles all bets are off
Link Posted: 1/22/2013 4:45:55 AM EDT
That cop must have the nose of a bloodhound?
He could still smell a 9 year old "smoked to the end" joint?

Cop was probably having an olfactory hallucination.
Top Top