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  • Rating - 0%
    0   0   0
    Oct 8, 2008
    160
    1
    Houston, TX
    My friend wants to get hes CHL but he is afraid he will get denied because about 4 Years ago he got caught driving without a license... This was the first ticket he ever got. This happen in a Sunday and there was no judge So he spent a few hrs in a holding cell till the judge could see him... I think he said 6hrs... The judge told him that he didnt have to pay a fine that the time served was plenty. And off he went. He got hes drivers license and haven't got a ticket since... I told him that he should be ok since it was Hess first offense is consider a class C Misdemeanor... He went of and pay for a background check and came back ok no history at all... but he still not convenience... So here I am asking Am I Right or Wrong?
    I am not a lawyer so I dont know much about the traffic laws...

    Thank You for the help!
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Texas Transportion Code
    § 521.021. LICENSE REQUIRED. A person, other than a
    person expressly exempted under this chapter, may not operate a
    motor vehicle on a highway in this state unless the person holds a
    driver's license issued under this chapter.


    § 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON
    DEMAND; CRIMINAL PENALTY. (a) A person required to hold a
    license under Section 521.021 shall:
    (1) have in the person's possession while operating a
    motor vehicle the class of driver's license appropriate for the
    type of vehicle operated; and
    (2) display the license on the demand of a magistrate,
    court officer, or peace officer.
    (b) A peace officer may stop and detain a person operating a
    motor vehicle to determine if the person has a driver's license as
    required by this section.
    (c) A person who violates this section commits an offense.
    An offense under this subsection is a misdemeanor punishable by a
    fine not to exceed $200
    ,

    That makes it a Class C misdemeanor


    Texas Government Code

    § 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

    **Snip***


    He is fine
     

    brainiac

    Member
    Rating - 0%
    0   0   0
    Mar 7, 2008
    175
    1
    Parker County
    Did he get in trouble in Texas, in the same county he now lives in? The sherrif of the county he now lives in has the primary responsibility to do any background check, and the sherrif can be as thorough or not as he sees fit. I was told that most of them just run you through NICS or some such national data base and if you come up clean there, you pass. Of course, any convictions in the same county might turn up easily. I was sweating a little when I applied for my Texas CHL because I had a number of youthful indiscretions, but they were a long time ago and in another state and I passed the background check without any problem.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Did he get in trouble in Texas, in the same county he now lives in? The sherrif of the county he now lives in has the primary responsibility to do any background check, and the sherrif can be as thorough or not as he sees fit.
    Umm, where did you receive that information? DPS sends one of their employees into each county. They do not depend on the Sheriff, nor is the SO of any county even required to conduct such a check.
     
    Rating - 0%
    0   0   0
    Oct 8, 2008
    160
    1
    Houston, TX
    Thank you everybody for the information. He did sign up for the class :)

    Now one more question and this one is about my self... I ran a Background check on my self to make sure I was on the clear.... The reason I ran a back ground check on my self is because I got in to a fight back in high school about mhhhhh 11yrs ago?!? And I got a ticket for it... I was a minor and I got community service 72hrs... Do I have to list that in the application? The background check came out clear. Sorry for asking so many questions...

    TIA!
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Thank you everybody for the information. He did sign up for the class :)

    Now one more question and this one is about my self... I ran a Background check on my self to make sure I was on the clear.... The reason I ran a back ground check on my self is because I got in to a fight back in high school about mhhhhh 11yrs ago?!? And I got a ticket for it... I was a minor and I got community service 72hrs... Do I have to list that in the application? The background check came out clear. Sorry for asking so many questions...

    TIA!

    In what form did you run a background check on yourself?

    If you were arrested, fingerprinted and photographed then you must list it.
     
    Rating - 0%
    0   0   0
    Oct 8, 2008
    160
    1
    Houston, TX
    OK than I shouldn't worry about it :)
    I ran a criminal background check by going to the dps site and searching there criminal data base and my name came with 0 results. I also went in to the dockets site and search for my self there and only thing it came up was 1 ticket I had back on 05 that was payed off.

    Thank You for the clarification.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    OK than I shouldn't worry about it :)
    I ran a criminal background check by going to the dps site and searching there criminal data base and my name came with 0 results. I also went in to the dockets site and search for my self there and only thing it came up was 1 ticket I had back on 05 that was payed off.

    Thank You for the clarification.

    Yeah, DPS will conduct a much more thorough check. Many counties fail to report some misdemeanors (and some felonies) to DPS.

    Hope you get your license quickly.
     
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