If I had a conviction expunged but it is still sometimes available on background checks, will I have a problem getting a concealed handgun carry license?

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If I had a conviction expunged but it is still sometimes available on background checks, will I have a problem getting a concealed handgun carry license?

Once me and 2 friends drove and 1 of my friends had a tiny bag of marijuana. my friend didn’t admit so I got arrested as well. Eventually the case was expunged. Will there be a problem at all with anything?

Asked on December 24, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the conviction has been expunged, then it should not interfere with your application for a concealed handgun permit.  The emphasis here... is it should not.....  The process of expunction requires someone a the clerk's office to manually notify everyone that had the data to remove it from their records.  The clerk, at whatever agency, should have done the same.  It is not unheard of for an agency to forget or neglect to expunge certain data.  So... the only problem will only occur if someone in the process didn't do their job.  If someone failed to do their job, then you will need to get in touch with them, remind them to delete the data, and then resubmit the request for a license.


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