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by Charles L. Cotton
Sat Jul 19, 2014 11:53 am
Forum: General Texas CHL Discussion
Topic: Will I be denied?
Replies: 20
Views: 4797

Re: Will I be denied?

Hhg wrote:Ok, I may email the guy that did my expungement and see what he says, but if I do list it you don't think it can be held against me? I have a clean record since then. I have never had any problems getting approved for guns nor did I have any problems getting my drivers license here either.
Tex. Gov't Code 411 wrote: 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;


Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:

(3) has not been convicted of a felony;

(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;

(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;
by Charles L. Cotton
Sat Jul 19, 2014 11:36 am
Forum: General Texas CHL Discussion
Topic: Will I be denied?
Replies: 20
Views: 4797

Re: Will I be denied?

Welcome to the Forum.

You will not be denied based on the T-shirt conviction. That's a misdemeanor and they exclude you only for 5 years. Also, if it truly has been expunged, then it wouldn't have been disqualifying even if the 5 years had not already expired. Under Texas law, if something has been expunged from your record, you can legally deny the conviction and even the arrest. You can deny it under oath. That said, this applies if the expungement in the other state meets the expungement requirements in Texas and many do not. The safest route would be to disclose the arrest on the CHL application and provide the supporting documents to DPS. Alternatively, you could find out if expungement in Mississippi is the same as in Texas.

Chas.

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