Search found 8 matches

by Fluidic
Sun Feb 21, 2016 12:16 am
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Re: Court can't provide copy of disposition

casp625 wrote:
Fluidic wrote:
casp625 wrote:If it's sealed, you wouldn't have had to wait the 5 years, BTW.
I believe that only applies if the case is expunged. Mine wasn't expunged just sealed.
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;

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.
I stand corrected. I was under the impression it was only for expunged cases. I never really looked hard into the laws however. Thanks for the heads up. I just recently started looking into getting my LTC because I have started to become more interested in protecting my wife and 2 yr old daughter when we're out and about. Been hearing some crazy stories around the Ft. Worth area and would like to have every protection available. Thanks again
by Fluidic
Sat Feb 20, 2016 9:50 pm
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Re: Court can't provide copy of disposition

casp625 wrote:If it's sealed, you wouldn't have had to wait the 5 years, BTW.
I believe that only applies if the case is expunged. Mine wasn't expunged just sealed.
by Fluidic
Fri Feb 19, 2016 11:38 pm
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Re: Court can't provide copy of disposition

WildBill wrote:
Fluidic wrote:
dac1842 wrote:The other issue is perhaps you are going to the wrong jurisdiction. If it was a misdemeanor the County Clerk should have the records, if it is a Felony then go to the District Clerk.
In some counties the District Clerk handles both.
Well when I gave them the case # they were able to see the case. When they tried to open the files to print the disposition it wouldn't allow them to because it is under a non disclosed agreement.
Are you saying "sealed" or something else?
Yes. I guess saying sealed would be easier but my lawyer said non disclosure so that's what I've also been saying haha. Anyways I got a call today and it seems the woman I spoke with had also emailed the clerk to see if there was anything they could do. She said they couldn't write a letter but they printed out a search (shows name, case #, disposition date, and that it is sealed) and certified it for me. I'm confident this will be enough for the DPS but if it's not then I guess there's nothing more I can do. Thanks again for all the responses.
by Fluidic
Thu Feb 18, 2016 9:39 pm
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Re: Court can't provide copy of disposition

dac1842 wrote:The other issue is perhaps you are going to the wrong jurisdiction. If it was a misdemeanor the County Clerk should have the records, if it is a Felony then go to the District Clerk.
In some counties the District Clerk handles both.
Well when I gave them the case # they were able to see the case. When they tried to open the files to print the disposition it wouldn't allow them to because it is under a non disclosed agreement.
by Fluidic
Thu Feb 18, 2016 9:12 pm
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Re: Court can't provide copy of disposition

I left them my name and number and asked them to call me if they can figure anything out. When I asked them to do that she said, "We don't have a letter for that kind of thing." I guess it's just that hard to do. I am going to email the actual county clerk and see if there is anything she can do. I'll give it one more shot in person in a few weeks (class is set for late March) and if nothing comes up I'll just have to notate like y'all said. Thanks for all the input!
by Fluidic
Thu Feb 18, 2016 7:53 pm
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Re: Court can't provide copy of disposition

After talking with the criminal clerk (that's who they sent me to get a disposition) they told me that they can't give me a letter stating they are unable to access the information. I'm not quite sure what to do. All arrests listed require documents from the court is what the application says. If I don't submit the paperwork with the app will DPS contact me for them?
by Fluidic
Thu Feb 18, 2016 1:41 pm
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Re: Court can't provide copy of disposition

Thanks for the tip. Called DPS after you said that and they confirmed that a letter stating the court can't access the documents would be fine. Thanks again.
by Fluidic
Thu Feb 18, 2016 12:13 pm
Forum: General Texas CHL Discussion
Topic: Court can't provide copy of disposition
Replies: 16
Views: 4415

Court can't provide copy of disposition

So I'm finally able to apply for my LTC as of January this year after the 5 year wait. To make the process go faster I went to the court to get a certified copy of the disposition to send in with the application. When I got there they said they can't give me one because the non disclosure agreement is preventing them from accessing the document. My question is how will this affect the application? Won't DPS ask me to provide a copy and if so what am I supposed to do?

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