how to answer the arrest question for expunged arrest on the CHL application

[Hejoco]

CHL form question:
Have you ever been arrested or charged with a crime? (Regardless if pending, dismissed,committed as a juvenile, was long ago OR was in another state.)

Does not mention expunged arrest. Should the answer be 'No'? Can the answer be 'No'? Seems if you answer 'Yes' you've now created a public record of a prior arrest.

 

[jrbfishn]

I had 1 that was dismissed. Step daughter jumped me. Because she got a small cut, I got arrested even though everyone else in the house said she started it. Judge heard preliminary evidence and dismissec chatges. Wouldn't even let it go to trial. Basically told the DA he was stupid for even trying to. I sent in papers from the county showing the arrest and dosposition. Required.
You have to list arrests and dispositions. Not doing so is a falsification on the form.

sent from an idgit coffeeholic

 

[Savage20]

If it has officially been expunged, not just filed for disclosure, you can answer No. But you're going to include all your history anyway so it doesn't really matter. I would just say yes.

Remember, even if it's expunged, DPS can still see it lol.


I'm not a lawyer, but I've been there, done that...

 

[Hoji]

When I had a bs misdeameanor charged expunged my attorney told me that I can legally answer no to the question "have you ever been arrested" my advice is to ask the attorney that handled the expunction.

 

[jrbfishn]

That is good advice. When in doubt, check with an attorney.

sent from an idgit coffeeholic

 

[txinvestigator]

CHL form question:
Have you ever been arrested or charged with a crime? (Regardless if pending, dismissed,committed as a juvenile, was long ago OR was in another state.)

Does not mention expunged arrest. Should the answer be 'No'? Can the answer be 'No'? Seems if you answer 'Yes' you've now created a public record of a prior arrest.

In what state was your expunction? If Texas, do you posses certified copies of the expunction order?

Your CHL app is not public record.

 

[txinvestigator]

If it has officially been expunged, not just filed for disclosure, you can answer No. But you're going to include all your history anyway so it doesn't really matter. I would just say yes.

Remember, even if it's expunged, DPS can still see it lol.


I'm not a lawyer, but I've been there, done that...

DPS cannot see a proper expunction.

 

[txinvestigator]

I had 1 that was dismissed. Step daughter jumped me. Because she got a small cut, I got arrested even though everyone else in the house said she started it. Judge heard preliminary evidence and dismissec chatges. Wouldn't even let it go to trial. Basically told the DA he was stupid for even trying to. I sent in papers from the county showing the arrest and dosposition. Required.
You have to list arrests and dispositions. Not doing so is a falsification on the form.

sent from an idgit coffeeholic

A dismissal is not the same as an expunction. A proper expunction destroys all records of an arrest. Mug shots, police dept records, court records, etc.

 

[jrbfishn]

Good info.

sent from an idgit coffeeholic

 

[tyson123]

Expunged means just that. Nobody needs to know about the conviction period! Anyone that has any experience with expungements knows a requirement to be considered is to turn in fingerprints and records to the FBI. The FBI will notify anyone that NEEDS to know about your conviction. That list does not include most perspective employers (Fed, police, etc excluded) and background checks for firearms. So you can legally own a firearm and get a LTC. This info is on the Texas DPS website also. Or look here: http://www.state.tx.us/txdps/chl/qualifyInfo.html

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[txinvestigator]

Expunged means just that. Nobody needs to know about the conviction period! Anyone that has any experience with expungements knows a requirement to be considered is to turn in fingerprints and records to the FBI. The FBI will notify anyone that NEEDS to know about your conviction. That list does not include most perspective employers (Fed, police, etc excluded) and background checks for firearms. So you can legally own a firearm and get a LTC. This info is on the Texas DPS website also. Or look here: http://www.state.tx.us/txdps/chl/qualifyInfo.html

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Well, convictions cannot be expunged. The FBI does not maintain records of an expunction. You must be confusing something else with an expunction.

 

[tyson123]

Well, convictions cannot be expunged. The FBI does not maintain records of an expunction. You must be confusing something else with an expunction.

Yes you are correct, I was not referring to an 'expunction' but an 'expungement'. However they are both an legal proceeding to set aside (remove) a conviction. Please refer to section 55.03 from the State of Texas: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm

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[txinvestigator]

Yes you are correct, I was not referring to an 'expunction' but an 'expungement'. However they are both an legal proceeding to set aside (remove) a conviction. Please refer to section 55.03 from the State of Texas: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm

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Negative. an expunction does not set aside a conviction. Expunctions are not available for convictions unless the person is subsequently pardoned. If you read your own link you will see that.

There is no such thing as an expungment; however, it is commonly referred to interchangeably with expunction by people not well versed in the laws.

 

[tyson123]

Negative. an expunction does not set aside a conviction. Expunctions are not available for convictions unless the person is subsequently pardoned. If you read your own link you will see that.

There is no such thing as an expungment; however, it is commonly referred to interchangeably with expunction by people not well versed in the laws.

There is such thing as an expungement. I am 100% sure of it. Now I will admit my experience is not with Texas law so suffice it to say this will be my last post on this. Since different states is apples and oranges and the poster is probably wanting Texas law. So i will throw my vote behind the 'consult an attorney' answer, lol. Thanks

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[txinvestigator]

There is such thing as an expungement. I am 100% sure of it. Now I will admit my experience is not with Texas law so suffice it to say this will be my last post on this. Since different states is apples and oranges and the poster is probably wanting Texas law. So i will throw my vote behind the 'consult an attorney' answer, lol. Thanks

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That is why I asked him in what state his expunction was. In some states, expunctions don't do all they do in Texas.

There is but ONE in Texas, expunctions.

 

[Hejoco]

In what state was your expunction? If Texas, do you posses certified copies of the expunction order?

Your CHL app is not public record.

Expunction was in Texas. I asked my brother (since this is actually about him, not me) and he said he probably did have a copy of the expunction order filed away but wasn't sure.

 

[txinvestigator]

Expunction was in Texas. I asked my brother (since this is actually about him, not me) and he said he probably did have a copy of the expunction order filed away but wasn't sure.

If, and I mean IF, it was an expunction then he can answer the question with "no". Was he acquitted of the charge (found not guilty at trial) or was the charge dropped before trial?

If he received deferred adjudication for the offense then he could not have actually received an expunction.

 

[torrey]

Long time lurker here, but I thought I would throw my two cents in.

About nine years before applying for my chl, I was arrested for possession of Marijuana in Tarrant country.

I had a decent lawyer, and was able to get the case dismissed, and had to perform community service, and complete a "drug offender education course."

A come years after the dismissal, I paid for and received an expungement.

Last January when applying for my chl, I answered no to the have you been arrested question. Received my chl two months later, no questions asked.

I did some research into the law, and it appears you can legally answer no, if there has been an expungement.

As always, IANAL, and YMMV.

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