Posted: 8/29/2006 8:46:48 PM EDT
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OK, here's the situation. I am filling out my application for my CHL, and I got to the part about reporting any arrest/charge, the arresting agency and providing any court documents related to the case. Now, I had a juvenile arrest back in Michigan when I was 12 years old. I was put on probation for one year, and then the charges were dismissed and when I turned 18 my records were sealed. I've never disclosed this information before on any application for anything before and no one has ever found out about (both, because the records are sealed). Well, now I'm wondering...if I disclose this information to the DPS and provide them with documentation pertaining to this juvenile arrest, then do I have to worry about this popping up on say a background check for a job or something? By telling the DPS about this, am I basically unsealing my own record? I want a CHL, but I'm not sure that I want to remove the seal on an incident that has been basically erased. |
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Just leave it blank................I had some stuff when I was a teen. I have to check my driving record every year due to my job, but last year I just wanted to do a criminal back-ground check on myself when I was there. Nothing was on it, nada. I just left mine blank and I got mine..... 
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I would leave it blank since it was before 18 years of age. IIRC when i got my CHL the instructor even mentioned a convicted DWI offender can still get a CHL provided enough years had passed. I think it was 5 years past since last DWI or 10 years past if 2 DWI's. I would have to double check that since it has been so long. I have slept since then
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In my CHL class they said that if it was not a felony and it is already sealed, they said just to leave it blank. Personal experience, I too had been in Juvie as a kid. Too numerous to post. All were minor misdeamenors. Initial CHL for me took almost 3mos. That's cause Orange County CA and S.F. County, CA took their sweet time verifying my background.  I had a driving on a suspended lics charge that was dismissed in Orange County and a dismissed warrant for FTA on a speeding ticket(well more like borderline wreckless driving  ) in S.F.. Both counties took their sweet ole time confirming this according to the gals in Austin. Nothing about the juvie stuff. Renewal I got back in less than 30 days. I mailed it after the 4th of July. I got it back the first week of Aug. But I would not take our word for it. I would call the school where you took your class and ask them. They are more up to date with the laws, at least I would hope they are. |
Yes, but if he leaves his DWI conviction off the application he might get denied for lying on application. That is the point motown is asking. |
no its not, he's asking if his juvie record is going to affect his outcome for his CHL...........its not, only if convicted as an adult. |
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Actually, what I was asking is will submitting information to the DPS about a juvenille offense that is currently contained in a sealed record make that information public. For example, I have never put on any job application that I have ever been arrested or charged with anything, because my juvenile record is sealed. No one has ever found out about my arrest/charges, because my juvenille record is sealed. I was wondering if giving this information to the DPS will open that record back up and make it publicly available (say if someone decides to run a background check on me for a job application). The answer directly from the DPS is YES, if you provide them with this information then this information WILL be available to any entity conducting a PRIVATE background check, even though it is in a sealed record in another state. Fuck that!!! Also, the instructors in my class stressed heavily that you MUST provide the DPS with any and all information pertaining to any criminal history, INCLUDING juvenille arrests. They made this big long speech about how the people at DPS were just trying to collect all of the relevent information pertaining to your application and that they weren't there to ridicule you, and that how withholding information would cost you your license if they found out about it later and blah, blah, blah. They never mentioned anything about the fact that you would be voluntarily unsealing a sealed personal history though. That's more than a little fucked up that DPS would take a sealed juvenille criminal history and use the information to start a new criminal history on you, even though juvenile criminal histories for acts commited in the state are sealed. |
Well...........I guess the DPS seriously fucked up on me then, I didnt list anything on mine. I even had a DWI charge against me years ago but it was dropped because the arresting trooper was under investigation on federal charges. Just submit it, your juvie records are sealed, if you want to give me your info I can check. My work allows me to get arrest records and driving records because when I hire someone, I need clean driving records for insurance and employment reasons. |
I know that my info isn't available publicly now, because I just had a background check run on me at work. |
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I believe the FBI completes part of this background check, right? So if there's any chance they know about it, it is likely to show up. You can get your record from the FBI but I don't know how long that takes. Odds are that they don't know, but no guarantees. Tough call, but if I were you I'd probably leave it blank. |
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I am a CHL instructor. Juvenile records ARE considered for CHLs. If you were convicted of a Juvenlie crime of felony grade deliquint conduct as a juveline, you are ineligible for 10 years from the date of adjudication. Since you were 12 when it occured and I assume it was not felony grade, the fact will not prevent you from getting a CHL. Lets discuss the sealed record thing. There are 2 types of criminal records checks. A criminal justice check (for law enforcement or CHL) CAN reveal "sealed" records, depending upon how that state handles such. However, all juvenile records are sealed, in that no agency outside of the criminal justice system has access to juvenile records. Those pre-employment checks and even courthouse public recirds checks do not reveal juvenile records. In fact, as I licensed PI I cannot access juvenile records. I don't know who you talked to at DPS, but disclosing your juvenile record on your CHL app will NOT change the status of your record in the other state. DPS is prihibited by law from disclosing the information on CHL apps and the resultant background information with anyone. If you fail to disclose it and DPS never finds it, no foul. If you fail to disclose it and DPS DOES find it you will NEVER be eligible for a CHL. If it were me, I would disclose it. Whatever you decide, best of luck. |
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Well, I was just reading through my Texas Concealed Hangun Laws and Selected Statutes and it appears that you are correct. According to 411.192, the only thing that they can disclose is your name, date of birth, address, zip code, race, gender and whether or not you have a CHL and they can only disclose that information if they are specifically asked about you specifically. They can also tell a criminal justice agency whether or not you are licensed if they are specifically asked about you. It appears that the person at DPS answering phones at the CHL desk doesn't know shit from shinola. ETA - According to 411.186(c), if they revoke your license for falsifying information on your application then you can reapply for a new license after the second anniversary of the date that your license was revoked. I'm not saying that I'm going to falsify my application, just that it appears that they cannot revoke your license permenantly for failing to disclose. |
I am amazed at what people tell me they are told over the phone by DPS clerks. lol You are correct that you can re-apply. I just don't want you to lie and then be denied. Best of luck. |