TexasCHLforum.com

cck781 wrote:

Keith B wrote:The problem is this was a domestic violence offense which is a permanent disqualification. As stated, you need to look into getting this officially expunged from your record.

It seems this would disqualify me then. I spoke to the clerk of court again and I can get the arrest expunged but it will only be removed from public record. She said Law enforcement agencies FBI and DPS included will still have access to the arrest record. I asked about expunging the conviction and she said there is nothing to expunge because the conviction was never added to my permanent record. I tend to believe this because in the reports I've pulled Louisiana NCIC and FBI they show nothing but the arrest. Is it strictly the arrest of domestic violence that is the permanent disqualification? And if law enforcement can see expunged arrests anyway what would it matter if it's removed?

Keith B wrote:The problem is this was a domestic violence offense which is a permanent disqualification. As stated, you need to look into getting this officially expunged from your record.

jbarn wrote:Yeah, I was thinking about that. Misdemeanors are only going to make him ineligible in Texas for 5 years for a CHL, but under federal law a conviction for any level of DV will make him prohibited to posses a firearm; therefore, ineligible for a Texas CHL. However, in Texas a deferred is not a conviction for federal purposes. I have no idea about LA.

jbarn wrote:

cck781 wrote:If I recall correctly I plead Article 894. I did do a period of probation but I don't recall how long it was. From what I understood Article 894 is pretty much the same thing as being expunged. Clerk of Court in Louisiana said the arrest should not show on the FBI report, but it's there. Something in the process must of went wrong because the disposition was removed but not the arrest. Had it been removed I don't think I would have any issues because it would not exist in any database.

jbarn wrote:

cck781 wrote:Newbie here with an eligibility question. I'm wanting to apply soon but I want to make sure everything with my background is good before I do so. I've done a check online with the DPS website and nothing was found. I also ordered a FBI criminal history check. The only thing that shows up with the FBI is a 2006 arrest from Louisiana for domestic violence however they show no disposition. I have verified with the reporting clerk of court in Louisiana that the final disposition of the case was listed as set aside/dismissed in their records, they are sending me a certified copy of the disposition. If I supply the DPS with all the supporting documentation will the DV charge disqualify me? Thanks in advance for your responses.

Only a conviction will disqualify you. If the dismissal was a result of a deferred adjudication then it is a conviction for CHL purposes.

Was the case outright dismissed before you entered a plea, or did you plead no contest and serve a period of probation before the dismissal?

Based on reading 894 it is not an expunction. 894 is Deferred Adjudication in LA, and it is my opinion Texas will treat it as such. Since Texas treats deferred's as convictions I believe Texas will treats yours as such. Was the potential penalty for the domestic violence more than 1 year? If so,(and I am correct) then you are ineligible permanently for a CHL. If it was punishable by 1 year or less then you would be eligible 5 years from the date you were placed on probation.

Remember that I am not a lawyer. This is based solely on my cursory reading of the LA section you referenced.

I am certain that of Texas treats it like a deferred then I am correct. What I am not sure of is if Texas will treat it as a deferred, but I strongly believe they will.

Edit; I see WildBill found information while I was typing. Based on that, I revise my answer. Your eligibility will depend on the level of the offense.

A dismissal under Article 894 doesn't authorize an erasure or expungement of an arrest record.