Search found 2 matches

by casp625
Sun Feb 07, 2016 4:19 am
Forum: New to CHL?
Topic: CHL Eligibility? 2016
Replies: 22
Views: 6686

Re: CHL Eligibility? 2016

thecico3 wrote:So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks
You would not have to wait if sealed or expunged and could proceed immediately. However, I think you have to list the arrest to DPS if it's sealed with the disposition stating it's sealed. If expunged, I believe you can deny the incident occurred at all unless you are testifying in court in which you just say the incident was expunged.

Someone correct me if I am wrong with disclosing a sealed vs expunged record.
by casp625
Sun Feb 07, 2016 4:09 am
Forum: New to CHL?
Topic: CHL Eligibility? 2016
Replies: 22
Views: 6686

Re: CHL Eligibility? 2016

thecico3 wrote:Also i was browsing the other posts here and found this... If i may...

Postby baldeagle » Mon Nov 15, 2010 7:58 pm
According to Charles Cotton, who is the founder of this forum and a respected lawyer and gun advocate, "Succesfully completed deferred adjudication is not a "conviction" for NICS purposes. You should be fine for both NICS checks and for your CHL."
Sec. 411.171. DEFINITIONS. In this subchapter:
...
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a handgun if the person:
...
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;

Return to “CHL Eligibility? 2016”