Posted: 6/2/2006 8:33:41 PM EDT
| Will a misdemeanor posession bar you from getting a CHL? |
5 years from date of conviction; Texas Government Code H §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 an offense under Section 42.01, Penal Code, 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; (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 an offense under Section 42.01, Penal Code; (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) has not been finally determined to be in default on a loan made under Chapter 57, Education Code; (13) 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; (14) 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 (15) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174 or in a request for application submitted pursuant to Section 411.175. (b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is: (1) a felony if the offense, at the time of a person's application for a license to carry a concealed handgun: (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 (2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment. (c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person. (d) For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person: (1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability; (2) suffers from a psychiatric disorder or condition described by Subdivision (1) that: (A) is in remission but is reasonably likely to redevelop at a future time; or (B) requires continuous medical treatment to avoid redevelopment; (3) has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person's own affairs; or (4) has entered in a criminal proceeding a plea of not guilty by reason of insanity. (e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1): (1) involuntary psychiatric hospitalization in the preceding five-year period; (2) psychiatric hospitalization in the preceding two-year period; (3) inpatient or residential substance abuse treatment in the preceding five-year period; (4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or (5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to: (A) schizophrenia or delusional disorder; (B) bipolar disorder; (C) chronic dementia, whether caused by illness, brain defect, or brain injury; (D) dissociative identity disorder; (E) intermittent explosive disorder; or (F) antisocial personality disorder. (f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time. |
It's also worth noting that two arrests for substance abuse within 10 years of each other will also bar you from a CHL. That could potentially include alcohol, illicit drugs, or a combination of the two. |
Yes I can. People under 17 who commit crimes don't actually get convicted under the Penal Code for the crime, unless the are certified to stand trial as an adult. They are charged under the juveile system and are convicted of Deliquent Conduct or Conduct needing supervision. So for example, if a 14 gets arrested and charged with Burglary, he would be convicted under Deliquent Conduct. That means he would be ineligible for his CHL until the age of 24. |
Unless you were aquitted at trial or on appeal, or pardoned by the Governor, it is not possible to have a record expunged. Here are the requirements for expunction; Texas Code of Criminal Procedure CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS Art. 55.01. Right to expunction. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: (1) the person is tried for the offense for which the person was arrested and is: (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or (B) convicted and subsequently pardoned; or (2) each of the following conditions exist: (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and: (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void; (B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and (C) the person has not been convicted of a felony in the five years preceding the date of the arrest. (b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is: (1) tried for the offense for which the person was arrested; (2) convicted of the offense; and (3) acquitted by the court of criminal appeals. (c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode. (d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if: (1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information. |
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wow that was a complicated read. So if you're saying that i can only have my record expunged by the governor or by going to trial then how come i hear of people having their arrest record expunged or sealed all the time. I read that code three times and it seems to me that its saying as long as it gets dismissed before it goes to court you can appeal for an expunction. Invisible Soul, I want you to read this with me to and give me your take on it as well. Texas Code of Criminal Procedure CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS Art. 55.01. Right to expunction. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: (1) the person is tried for the offense for which the person was arrested and is: (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or (B) convicted and subsequently pardoned; or (2) each of the following conditions exist: (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and: (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or i dont know what this means by time period (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;i was falsely arrested on two charges, I had a weapon that they thought was prohibited and its not, and they said i brandished when im pretty sure that i hadnt, and if i had it was in self defense of a third party (B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and (C) the person has not been convicted of a felony in the five years preceding the date of the arrest. (b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is: (1) tried for the offense for which the person was arrested; (2) convicted of the offense; and (3) acquitted by the court of criminal appeals. (c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode. |
I have a close friend who worked as an attorney in Expunctions at the Dallas DA's office; the courts are very stringent about these. You petition the court for an expunction. It appears, from what you wrote, that this is the part that might hang you up; the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void; When you petition the court for expunction, the court will have to find that there was NO probable cause at the time the charges were dismissed. You don't have to have been guilty, just that PC existed. I hope you can get it resolved to your satisfaction. Can I ask what the thing you possessed that was not prohibited? Texas does not have brandishing law; can you be specific as to what the other charge was? I assume one was Possession of a prohibited weapon. |
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so if theres even the slightest chance of PC then im boned huh? Well my next question is, How good of friends are you with that person in the expulsion office and can he pull any strings for, oh say.... [digs into pants pockets] $2.43 and a cupon for a free car wash! |
Hkusp never said what he was charged with since it is pending and his attorney advised him not to talk about it on these boards. From what I remember of the story, a friend was being threatened in some way and he pulled a gun but no details. It could be UCW, Agg Assault, Deadly Conduct, Terroristic Threats or DOC-display in a manner calculated to alarm (brandishing?). Edit: spelling |
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PENAL CODE TITLE 9. OFFENSES AGAINST PUBLICORDER AND DECENCY CHAPTER 42. DISORDERLY CONDUCT ANDRELATED OFFENSES § 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (9) discharges a firearm on or across a public road; (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or (11) for a lewd or unlawful purpose: (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area. (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct. (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code. |
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I bet your lawyer could give you better advice than i could. You have they story on the boards ? Link ? in general ? or LE ? I would focus on getting out of the charges FIRST ! then think about how to deal with the other stuff The other charge is TOTAL BS ! Hell its not even a law ! I'm just thinking of all the soccer moms that that POS officer has put in jail for charges he made up ! Like I told you ......... when this gets settled ... go have a sit down with the Sheriff and chat about that officer(POS) ( because he does not need to be an officer if he is going to be like that ) Invisiblesoul |
| I'm in the same boat I have a class B Mistermeanor from 7 years ago that I thought was off my record because I went to get a disposition of charges back in 2003, and the county and City had no record. I had already sent off my CHL packet, and I'm also applying for jobs in LE, anyway, I get a call a couple of weeks ago from the SO because they found the Class B on my record and it disqualified me for the job that I had applied for with them because I did not list the offense on the Application. I also have an Application in with the City PD, I called their recruiting officer and talked to her about it. She said it wouldn't disqualify me from a job with them, but I had to add the offense to my Personal History Statement. As for my CHL, I don't know, I didn't list anyting about the offense because I thought it didn't exsist, it's status is processing application, so really all I can do is wait. However, since it was more than 5 years ago I think I will be ok, plus I had no issues buying my 1911 a few weeks ago. |
You have to list all arrests, charges and convictions on your CHL packet, as well as LE background packets. Even if you believe there is no record, you must list them. The question was to list all arrests, etc., not just ones you think there will be a discoverable record of. Failing to list this incident on your CHL application, even though it was over 5 years ago, if DPS discoveres it you will get denied for failing to disclose it. That is clear in the material they send you and should have been explained in your class. |
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Thats interesting because i took my chl class three or four weeks ago and i dont believe that i remember there being any place where you list this information. I havent submitted the packet yet, so before i mail anything in i will have to check all the paperwork and make sure that i do everything correctly. It would suck to be denied over something like this. I spoke to my lawyer today and he said that the paperwork for dismissal will go through tomorrow so im real excited about that. |
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additionally, Tx investigator has an excellent point. You can purchase a firearm as long as you do not have any felony convictions but you cannot apply (sucessfully) for a CHL liscense if you have had any class B misdemeanors within the last 5 years. Im hoping my new arrest record doesnt prevent me from getting into a police academy and that it doesnt make my chl application snag up. Ive heard that if they cant deny you but you look fishy, they will delay your application as long as they possibly can just to spite you. I wonder however, if Texas is a Shall issue state or a May issue state. When i have time to go home and finish my chl packet i might have to look in on that. |
The application you submit to the state asks for ALL arrests. Pretty simple. |
DPS will not issue a license if you are under charge, indictment, etc. If the case is disposed of, ie a dismissal, you are eligible. If it is pending, you are not eligible. |
Is there a place on your packet that says anything about listing all arrests? Because I don't and a few people who were in my CHL class don't remember seeing that on the application. I can't check mine I already sent it in. |
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im pretty sure that there was a place on the packet to list all arrests, but i havent looked at the packet in a month and i forgot all about it. for anyone that hasnt submitted a packet yet, make sure to double check all your paperwork to see that you filled everything out correctly and fully! |
Yep. I am an instructor. Question 17 in its entirity, including the all caps. INDICATE ANY CRIMINAL HISTORY INFORMATION ON YOURSELF, INCLUDING JUVENILE CRIMINAL HISTORY DATA. INCLUDE ANY OFFENSES FOR WHICH YOU WERE ARRESTED, OR CHARGED UNDER AN INFORMATION OR INDICTMENT. (INCLUDE CERTIFIED COPIES OF JUDGMENT AND SENTENCE FROM THE COURTS) On the blue/green instruction sheet, the instructions for #17 also read, in part; Include information regarding any offense for which you were taken into custody by a law enforcement agency and fingerprinted.... |
Well Shit, I Hope there's a refund, and how long after it's declined can I reapply with the correct information included? |
The CHL application fee is non-refundable. As far as your second question, I'll have to dig around in the 411 of the govt code to see. |
Maybe there's a small chance it may still be processed because it was a long time ago when it happend, I didn't even remember the incident until the SO called me |