Send a letter requesting an appeal. Nothing more. They have already denied you.
Trying to explain to them, is like trying to talk your way out of being arrested after you're already cuffed and in the back seat of the cruiser.
They will file the hearing in JP court, and they will present their facts to the Judge, and you will present your facts. The burden of PROOF is on THEM to prove that you are NOT Eligible, since Texas is a Shall Issue State.
It is not REQUIRED, but I HIGHLY Recommend getting a lawyer, preferably one that is expertly versed in CHL law. Might want to contact Charles for a recommendation, or to see if he's available himself!
Basically, get every single form of documentation you can showing that it was not a conviction of any kind. Signed notarized letters from everyone in that town stating that there are no records, etc. If you can find the judge that handled the case, a signed, notarized letter from him, your lawyer, the prosecutor, even the bailiffs. If you walk in there with 300 pages of documents showing that you were not, in fact, convicted, DPS will completely have it's work cut out for it.
It all depends on how far you want to go with this... but just remember. Right now, DPS considers you a Felon in their records.
Read that again. Whereas, before, where there was 'no records' of you breaking any laws, you are now 'in the system', somewhere, as a Felon.
Plain and simple. If this is NOT True, IMO, you have a duty to protect your good name.If you let this stand, via the sharing of records, who knows where else it could show up that you are a Felon? Traffic Stops? Tax Records? DL Renewal? Future Court proceedings? Job or Security BG Checks?
If you let it get into the system that you are a felon, when you are actually not, and do not contest it, it will be more difficult to prove that you are not later.
"My computer shows that you were convicted of a Felony.." And we all know that computers don't lie, right?
Am I being overly alarmist? Possibly, however, even if there is the slightest chance this will come back and bite you later, you have to take care of it Now.
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- by dicion
- Sun Sep 27, 2009 9:55 am
- Forum: General Texas CHL Discussion
- Topic: I Got a Denial Letter, Now What???
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