Application questions (past stupidity on my part)

[eze]

I have wanted to carry for some time and just took my class yesterday. Legal questions/possible hurdles for applying are as follows......

1. When I was 16 in 1990, I did something stupid (B&E) and got caught but I am unsure if I was technically arrested. I was a minor.
2. I do not remember what technically what the judgement was but I got about 250 hours of community service after admitting my wrongdoing.
3. I was also DUI in 1996 but the judge reduced the charge to reckless driving.
4. These two incidents took place back in Michigan. Does that matter since I am now in Texas?
5. I passed a FBI background check to work in government buildings (FBI and Secret Service) as an Architect.

I, of course, will be completely honest and open on my application. I have a friend in law enforcement and he has always encouraged me to get the CHL knowing about these two incidents.

Do I need to find or dig up any past information for the application?

Any thoughts to whether I will be denied?

Thank you.

[DefensiveCarry.com]

[paaiyan]

"Arrested" to me means cuffed, read your rights and booked. Don't know if that's the legal definition. I'd consult a lawyer. However in your next point you say there was a judgement against you in a court, so I'd be willing to bet you were officially arrested. I'd definitely seek legal advice before proceeding. Because if the prior incidents don't matter, they don't matter, whatever. No biggie. However even if they don't matter, not including them could be a crime in and of itself.

[OldVet]

First, if you passed a government FBI background check, you are probably okay.

In general, most application ask if you were "convicted" of a felony, not if arrested. People are arrested, and tried, for feloney charges all the time, but convictions are what usually matter in the end. Usually the appls don't place a time limit on the felony history, but some may quote "in thhlast 10 years" or such. And they generally mean convictions anywhere.

Answer honestly and truthfully. If I had felony convictions, I think I'd know it. If you have any felony convictions, I'm sure the FBI would have dug them up.

[ccw9mm]

1. When I was 16 in 1990, I did something stupid (B&E) and got caught but I am unsure if I was technically arrested. I was a minor.

2. I do not remember what technically what the judgement was but I got about 250 hours of community service after admitting my wrongdoing.

Essentially, it sounds like a conviction to me, given the admission and penalties. Though, on that one you were a minor.

3. I was also DUI in 1996 but the judge reduced the charge to reckless driving.

Am assuming this was a misdemeanor traffic violation, not a felony. But that'll depend on the state statutes at the time.

4. These two incidents took place back in Michigan. Does that matter since I am now in Texas?

Check TX statutes regarding applying for a CHL, and the minimum standards for consideration/approval. Some states require a "no felonies ever" type standard of behavior. Some states have time limits on certain levels of behavior (ie, "no misdemanors in past 5yrs"), before which it doesn't matter so far as the CHL application process is concerned. While still others have "moral turpitude" qualifications in the CHL approval process, per statute (ie, Utah, IIRC).

[1MoreGoodGuy]

Go here and read the laws and disqualification standards TxDPS - Concealed Handgun Licensing

F.Y.I. Texas is a "shall issue" state so as long as you meet the minimum standards and don't lie on the application you should be good to go. Good luck.

[eze]

Thanks for your thoughts.
Anyone know where I can go to find out about the incident in 1990? I have no paperwork at all since my parents took care of it.
The big question I have is if the B&E was a felony. I do not think it was because I have never had any problems with past applications, etc. The homeowners also declined to press charges.

[dukalmighty]

The B&E charges would depend on if you were prosecuted as a juvenile or adult,Juvenile court records are sealed after you become an adult to keep kids that have one screw up from having a Felony on their record for life.As far as the DUI as far as I know you need to contact the County for not only copies of the charges,but the adjudication showing conviction and disposition of the case.On the application list the DUI arrest and send in the Court paper showing the case was resolved since a background check will only show an arrest

[Glhadiator]

I could give you advise and links, but...you need to consult a lawyer! You are making the right decision to verify your past before answering questions and submitting paperwork. It is easier to deal with it now than try to appeal after they deny your CHL for a incorrect answer. But honestly, for a fee you can hire a lawyer that knows what he/she is doing and give you solid legal advice. Basically you just need to run police checks in the counties where you've lived in the past.

[Haywood]

Have you bought Firearms? If you pass the checks and have bought forearms you usually can get a CCW.

[lizjimbo]

I was considerably more stupid than that even as a young adult but Virginia found no reason why I should be denied a CHP. The priors will most likely matter if you fail to disclose them. That could be automatic denial of your application and possibly could result in an arrest if you lie. It may not seem like much and frankly it isn't. I know that Virginia is concerned about what you behavior has been like for the past 5 years. A simple drunk in public charge is enough for disqualification if it happened less than 3 years before your application. Whatever you do, do not make a false statement or answer. A denial for a truthful answer is far better than an arrest for a false answer. If you were not convicted of a DUI then it is not a false answer to fail to disclose it.

You should contact the Michigan State Police about a records check. Your conviction as a juvenile is only sealed to the public, not law enforcement.

[1MoreGoodGuy]

Follow this advice:

I could give you advise and links, but...you need to consult a lawyer! You are making the right decision to verify your past before answering questions and submitting paperwork. It is easier to deal with it now than try to appeal after they deny your CHL for a incorrect answer. But honestly, for a fee you can hire a lawyer that knows what he/she is doing and give you solid legal advice. Basically you just need to run police checks in the counties where you've lived in the past.

Spending a little money up front to hire the lawyer is your safest bet.

[JJVP]

I have wanted to carry for some time and just took my class yesterday. Legal questions/possible hurdles for applying are as follows......1. When I was 16 in 1990, I did something stupid (B&E) and got caught but I am unsure if I was technically arrested. I was a minor.2. I do not remember what technically what the judgement was but I got about 250 hours of community service after admitting my wrongdoing. 3. I was also DUI in 1996 but the judge reduced the charge to reckless driving.4. These two incidents took place back in Michigan. Does that matter since I am now in Texas?5. I passed a FBI background check to work in government buildings (FBI and Secret Service) as an Architect. I, of course, will be completely honest and open on my application. I have a friend in law enforcement and he has always encouraged me to get the CHL knowing about these two incidents. Do I need to find or dig up any past information for the application?Any thoughts to whether I will be denied?Thank you.

You need to list all arrests in your application. Should contact Michigan and get court records on the disposition of both cases.

You should also post the question here:

http://www.texaschlforum.com

It is a CHL forum for Texas and there are several lawyers there, including the owner of the forum (Charles Cotton) who can give you better advise on what you should do.

[Garbageman]

I would guess that if you passed your background test by FBI you are probably fine getting your CHL

[eze]

Thank you everyone for the advice.

[bgusty]

You should probably be fine. I work at a gun shop and at least here in MN infractions stop affecting your ability to buy a firearm after 10 years if I remember correctly.