question about ccw application

[diat150]

I had a dwi when I was 17, which was over 10 years ago and it was article 594'd, or whatever to keep it off of my record. should I check yes? I have no problem telling them yes but I dont want to put yes and then they look and dont see anything and then give me trouble.

>>Have you ever been found guilty of, or entered a plea of guilty or nolo contendere to Operating a Vehicle While
Intoxicated?

 

[Bearco]

You must answer yes. Don't worry, this will not cause you to be denied.

 

[diat150]

ok. another thing, I guess I need to put this in the arrest record, what if the clerk of couurt cannot pull anything up because its been too long and it was sealed because I was a minor?

 

[Leadfoot]

DA's office. Not clerk of court.

 

[deafdave3]

ok. another thing, I guess I need to put this in the arrest record, what if the clerk of couurt cannot pull anything up because its been too long and it was sealed because I was a minor?

I wouldn't worry about anything that happened when you were a minor.

 

[Nolacopusmc]

I wouldn't worry about anything that happened when you were a minor.

Your wrong.

I had a dwi when I was 17, which was over 10 years ago and it was article 594'd, or whatever to keep it off of my record. should I check yes? I have no problem telling them yes but I dont want to put yes and then they look and dont see anything and then give me trouble.

>>Have you ever been found guilty of, or entered a plea of guilty or nolo contendere to Operating a Vehicle While
Intoxicated?

There is also a question:
Have you EVER been arrested.

Your answer is yes.

As far the DWI, you almost definitely pleade guilty to get the 894, so that one will also be yes.

If make no never mind if tyou were minor or not.

 

[Nolacopusmc]

ok. another thing, I guess I need to put this in the arrest record, what if the clerk of couurt cannot pull anything up because its been too long and it was sealed because I was a minor?

Then you have them print you a letter on letterhead saying tht there were no records on file.

 

[deafdave3]

Your wrong.




There is also a question:
Have you EVER been arrested.

Your answer is yes.

As far the DWI, you almost definitely pleade guilty to get the 894, so that one will also be yes.

If make no never mind if tyou were minor or not.

So, by this argument, what happened when he was a minor could prevent him from getting his CHL?

 

[Nolacopusmc]

So, by this argument, what happened when he was a minor could prevent him from getting his CHL?

In reality probably not, but if he lies about it (neglects to list it), that will infact get him denied.

The reality is people think their "files are sealed", and they very rarely are.

While it may not pop up on a cursory background, try running for president and see if that issue does not resurface that was "sealed".

When you read the questions, take them on face value. Furthermore, he posted about it here so failure to disclose would be an obvious lie.

 

[deafdave3]

Looks like my post was misunderstood. I said, "I wouldn't worry about anything that happened when you were a minor." I should have said, "I wouldn't worry about getting denied a permit because of something that happened when you were a minor." I didn't mean to imply to not list the offenses.

 

[Nolacopusmc]

Looks like my post was misunderstood. I said, "I wouldn't worry about anything that happened when you were a minor." I should have said, "I wouldn't worry about getting denied a permit because of something that happened when you were a minor." I didn't mean to imply to not list the offenses.

Fair enough, we all mispeak at times.

 

[diat150]

ok, so what are my chances of getting denied due to a dwi 14 years ago when I was a minor and a disturbing the peace by fighting 7-8 years ago?

 

[Nolacopusmc]

ok, so what are my chances of getting denied due to a dwi 14 years ago when I was a minor and a disturbing the peace by fighting 7-8 years ago?

all other things being equal, none

 

[deadidunn]

I can give you a direct answer to this. I had a DWI when I was 17, that was 11 years ago. I got my CWP about 6 months ago. Answer Yes on the form and put where and when you were arrested. Be sure to go to the parish of your arrest and get the your arrest report and deposition from them. All should be fine.

Being a minor at that time will not matter, the file will be on record (although it may be in the back room under a pile of boxes of other records )

 

[diat150]

ok so I went to the clerk of court and they said that they have no record of the dwi arrest and that they destroyed all paper files as per the paperwork upgrade they filed with the state when they moved to a computerized system in 2000. I had her type me up a letter stating that all records prior to 2000 have been destroyed and if there are any questions to call her on a city letterhead and also had her stamp it.

should this be sufficient?

 

[herohog]

I have the same issue with a Disorderly Conduct charge from the late 70's on New London, CT. Even though it has been decades ago and was a minor deal I still HAVE to have a letter, on letterhead stating either the deposition of the case or that is in no longer a matter of record when I file for my CHP.

 

[troy_mclure]

it should, a coworker just got his.

he had an arrest in Missoula, mt. in '99 for drunk and disorderly.

he was a Louisiana resident at the time, and they did not keep the records of out of state misdemeanors.
he got a fancy letter from them stating this. it took about 90 days to receive his.

 

[Ben Draughn]

what if you got taken to jail for hitting two undercover cop sever times before you knew they were cops and taken to jail but never booked and released to your coach.

 

[Cat]

In reality probably not, but if he lies about it (neglects to list it), that will infact get him denied.

The reality is people think their "files are sealed", and they very rarely are.

While it may not pop up on a cursory background, try running for president and see if that issue does not resurface that was "sealed".

When you read the questions, take them on face value. Furthermore, he posted about it here so failure to disclose would be an obvious lie.

Remember about a year ago Stormchaser (I think the member's name was?) said he applied for a CHP and was initially denied or requested for more information pertaining to a mental situation from elementary school he had forgotten about? This was certainly not on any DA's record and was still caught.

It's nice to ask here but if you're really worried about it, call LSP HQ and ask. From what I've read, honest applications are always met with a request for more information rather than an outright refusal.

 

[ajt2341]

From the concealed handgun rule book on the LSP website. LRS 40:1379.3 Subsection B.

(8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period immediately preceding the date on which the application is submitted, or at any time after the application has been submitted.


So as long as it wasn't within the preceding 5 years, you should be okay.