Hello Everyone,
I recently applied for my LTC, completed fingerprinting and classroom training and show everything submitted online.
On the question about being arrested or having a criminal history, I was unsure how to answer. I made a mistake about 8 years ago, got a misdemeanor DUI in CA and was granted an expungement over 5 years ago.
In reviewing with the lawyer who assisted me he explained that with the expungement the arrest never happened and by law I am allowed to state this if ever asked. Chapter 55.03 of the Texas Code of Criminal Procedure supports this:
When the order of expunction is final:
(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.
In reviewing the application I am not under oath for a criminal proceeding so I answered "No" on the application. Not trying to hide anything as I'm still qualified for the LTC due to the length of time passed since the incident but don't like listing the event if I don't need to.
Some background, I'm former military and have purchased guns in CA and TX after the DUI 8 years ago. Never had an issue with the purchases. Have also been through numerous background checks and have never had anything come up. Aside from the DUI, I should have nothing else on my record. It's the only thing I've ever gone in front of a judge for.
Fast forward to today. I've been reading through this forum and wish I would have found it sooner. I'm wondering now if I should have just answered yes to this question and submitted proof of expungement.
The application has been submitted with fingerprints and background check under review. Should I flag this now with DPS or wait to see if anything comes up? Thanks.
I recently applied for my LTC, completed fingerprinting and classroom training and show everything submitted online.
On the question about being arrested or having a criminal history, I was unsure how to answer. I made a mistake about 8 years ago, got a misdemeanor DUI in CA and was granted an expungement over 5 years ago.
In reviewing with the lawyer who assisted me he explained that with the expungement the arrest never happened and by law I am allowed to state this if ever asked. Chapter 55.03 of the Texas Code of Criminal Procedure supports this:
When the order of expunction is final:
(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.
In reviewing the application I am not under oath for a criminal proceeding so I answered "No" on the application. Not trying to hide anything as I'm still qualified for the LTC due to the length of time passed since the incident but don't like listing the event if I don't need to.
Some background, I'm former military and have purchased guns in CA and TX after the DUI 8 years ago. Never had an issue with the purchases. Have also been through numerous background checks and have never had anything come up. Aside from the DUI, I should have nothing else on my record. It's the only thing I've ever gone in front of a judge for.
Fast forward to today. I've been reading through this forum and wish I would have found it sooner. I'm wondering now if I should have just answered yes to this question and submitted proof of expungement.
The application has been submitted with fingerprints and background check under review. Should I flag this now with DPS or wait to see if anything comes up? Thanks.