Expunged?
- Thread starter dryrider
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In all the states I have obtained a license (4) there was a statement on the application to the effect that "failure to provide required information would result in immediate rejection with no refund."
In teaching UT classes, we were required to point this out and remind people that for purposes of background checks, NO information could be excluded, whether juvenile, sealed, expunged, whatever.
The information itself might not prevent getting a license, but hiding it surely would cause rejection.
In teaching UT classes, we were required to point this out and remind people that for purposes of background checks, NO information could be excluded, whether juvenile, sealed, expunged, whatever.
The information itself might not prevent getting a license, but hiding it surely would cause rejection.
38-44HD45
Absent Comrade
Texas info (Your state may vary.): There are two types of expunctions, those of records and those of convictions. The latter are quite rare, in that proof of innocence of the original conviction is required. The former involves filing a petition for expunction, notifying all appropriate authorities, having a hearing, and getting a court order to expunge the records. That order is then sent to all agencies that might have records to be expunged, who are then required to destroy the records. This would be appropriate where charges are filed for a crime, but are later dismissed, or at the extreme, where a case went to trial and the defendant was acquitted and all appellate remedies are either exhausted or mooted by the expiration of appellate deadlines.
Here's the problem: It is virtually impossible to be certain that a) every agency with records has been notified, and b) even if they have, that they have actually destroyed the records. Since Texas requires that all criminal charges above a Class C Misdemeanor be disclosed on a CHL application, unless expunged, I tell my students that even if there's been an expunction, it is likely better to disclose, and just provide certified copies of the dismissal documents with the application. I've helped a few students obtain the appropriate documents.
Here's the problem: It is virtually impossible to be certain that a) every agency with records has been notified, and b) even if they have, that they have actually destroyed the records. Since Texas requires that all criminal charges above a Class C Misdemeanor be disclosed on a CHL application, unless expunged, I tell my students that even if there's been an expunction, it is likely better to disclose, and just provide certified copies of the dismissal documents with the application. I've helped a few students obtain the appropriate documents.
flop-shank
US Veteran
I would suggest contacting a qualified attorney in Minnesota.
38-44HD45
Absent Comrade
Ditto, from the Texas lawyer.
I almost agree with flop-shank, only I would not use the word "suggest." It would be extemely unwise to make a decision like this without a good lawyer. Either way you go, you could be making a drastic error, either denying yourself a permit you are legally entitled to, or perhaps committing a serious crime.
See a lawyer in the state in question!
See a lawyer in the state in question!
LoboGunLeather
US Veteran
Retired police chief here. In my experience there is considerable difference between agencies in how records are maintained and reported out. One of the biggest problems with the federal Uniform Crime Reporting system has always been "uniformity" in what is reported, how it is reported, etc.
My suggestion is to be truthful and complete in responding to the questions asked. Provide the fullest information possible, along with any supporting documentation that is available.
My suggestion is to be truthful and complete in responding to the questions asked. Provide the fullest information possible, along with any supporting documentation that is available.
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