Search found 2 matches

by Jeremyk10
Fri Dec 16, 2016 11:02 am
Forum: The "Waiting Room"
Topic: "Waiting Room"
Replies: 6683
Views: 1541761

Re: "Waiting Room"

KurtFTW wrote:
Jeremyk10 wrote:Congrats to everyone who's getting updated to mailed status, I'm a new user here to this forum. I recently was updated to mailed status also so I should be receiving my license any day now.

My post is also to share a little bit of my journey to get to this point. In 2010 I was charged with felony criminal mischief and received deferred adjudication for one year and if I had believed everything I read online or what I was told from the misguided dps workers I wouldn't be here today posting this. I have researched government code for a few months now and have jumped through about every hoop you can imagine but it has all paid off. They tried to tell me I had to wait 10 years and at first I believed it, until I started digging. I found out that after 5 years you can apply for an order of nondisclosure to actually seal your record. Dps looks at deferred adjudication as a conviction but I read in government code that it does not apply to persons with a record that has been sealed. So I filed the order of non disclosure myself (lawyers charge about $1000 to fill out paperwork for you that is extremely simple, and then drive it to the county clerks office) after it was filed I went ahead and did my dps application and sent all of my paperwork and documents from the court to dps and low and behold......still I was denied. So after being denied I sent in a written request to a hearing to appeal the decision. After 28 days of no reply, I called them to ask why my court date had not yet be scheduled to which the lovely dps worker told my they had 60 days to schedule my court date. I then informed her that the government code says dps only has 30 days from the day they receive my written request to schedule the court date and that court date can not be more than a total of 60 days from the date they received my letter. So to clarify 30 days to schedule a day no more than 60 days out. She of course was very upset that I corrected her and started laughing at me. So I informed her her 30th day would have fallen on a Saturday so she only has one more day to have it scheduled, or they would be in violation of government code. So after she laughed I said have a great day my attorney will be in contact with you shortly (I don't have an attorney). Within 20 minutes my phone was ringing with the same girl and the attorney for dps who actually handles all the appeal cases. He very politely told me that the girl I spoke to had made a mistake and that after reviewing my order of nondisclosure I was cleared and approved for my license. He apologize for the run around and delay and the following day my status was updated to print pending.

Sorry for the lengthy post but I just hope somebody reads it and doesn't give up and getting their license, I have a wife and daughter and I was not going to give up on my license to help protect them. So in other words VICTORY!! :txflag: if anybody has any questions I will try to answer them as best as possible!
Don't apologize for the length of this post. It was well worth the read! If anything, the State of Texas should be proud to know that someone out there took due diligence to read the actual government code and follow it to the letter. That should be indicative of someone who will uphold the laws that govern the legal and safe handling of firearms.

I love success stories like these and want to wish you an early congratulations on receiving your license! Something I am sure you will hold very near to your heart after the ordeal you had to endure.
Thank you for those kind words! But yes I'm way to stinkin excited to receive my license. Been watching the mailbox like a hawk. Once I have it in hand, it's off to the store for my next gun purchase!
by Jeremyk10
Fri Dec 16, 2016 10:33 am
Forum: The "Waiting Room"
Topic: "Waiting Room"
Replies: 6683
Views: 1541761

Re: "Waiting Room"

Congrats to everyone who's getting updated to mailed status, I'm a new user here to this forum. I recently was updated to mailed status also so I should be receiving my license any day now.

My post is also to share a little bit of my journey to get to this point. In 2010 I was charged with felony criminal mischief and received deferred adjudication for one year and if I had believed everything I read online or what I was told from the misguided dps workers I wouldn't be here today posting this. I have researched government code for a few months now and have jumped through about every hoop you can imagine but it has all paid off. They tried to tell me I had to wait 10 years and at first I believed it, until I started digging. I found out that after 5 years you can apply for an order of nondisclosure to actually seal your record. Dps looks at deferred adjudication as a conviction but I read in government code that it does not apply to persons with a record that has been sealed. So I filed the order of non disclosure myself (lawyers charge about $1000 to fill out paperwork for you that is extremely simple, and then drive it to the county clerks office) after it was filed I went ahead and did my dps application and sent all of my paperwork and documents from the court to dps and low and behold......still I was denied. So after being denied I sent in a written request to a hearing to appeal the decision. After 28 days of no reply, I called them to ask why my court date had not yet be scheduled to which the lovely dps worker told my they had 60 days to schedule my court date. I then informed her that the government code says dps only has 30 days from the day they receive my written request to schedule the court date and that court date can not be more than a total of 60 days from the date they received my letter. So to clarify 30 days to schedule a day no more than 60 days out. She of course was very upset that I corrected her and started laughing at me. So I informed her her 30th day would have fallen on a Saturday so she only has one more day to have it scheduled, or they would be in violation of government code. So after she laughed I said have a great day my attorney will be in contact with you shortly (I don't have an attorney). Within 20 minutes my phone was ringing with the same girl and the attorney for dps who actually handles all the appeal cases. He very politely told me that the girl I spoke to had made a mistake and that after reviewing my order of nondisclosure I was cleared and approved for my license. He apologize for the run around and delay and the following day my status was updated to print pending.

Sorry for the lengthy post but I just hope somebody reads it and doesn't give up and getting their license, I have a wife and daughter and I was not going to give up on my license to help protect them. So in other words VICTORY!! :txflag: if anybody has any questions I will try to answer them as best as possible!

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