I have always been under the impression that Class C offenses do not appear on someone's DPS criminal record. I believe the two relevant statutes relating to this come from the Code of Criminal Procedure and the Penal Code.

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Criminal Procedure Art 60.05

Types of information collected

The criminal justice information system must contain but is not
limited to the following types of information for each arrest for a
felony or a misdemeanor not punishable by fine only:

...

Penal Code 12.03 (c)

Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

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If the class C misdemeanor is a moving citation, it appears on the DPS driving record for 5 years, but I'm certain it does not appear on a criminal record. But do cases like an Fail to Appear (FTA) for a traffic ticket, DUI, PI, or Disorderly Conduct appear on a criminal record if an arrest is made? The statutes lead me to believe that since Class C misdemeanors are defined as misdemeanors that are punishable by fine only, they would not. However, I am not confident enough to state this as fact. Also, if my interpretation is indeed correct, how does the DPS determine if a CCH applicant has been convicted of disorderly conduct in the past 5 years?

[This message was edited by brownman40 on 08-06-04 at .]