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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.

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?

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?

I think that you are going to need the help of a Louisiana lawyer, and then a Texas lawyer.

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

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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.

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.

Based on the fact that it is a domestic violence crime, I didn't think the level would matter. IANAL either.

WildBill wrote:

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.

Based on the fact that it is domestic violence, I don't think the level will matter. IANAL either.

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: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.

Part of my original response, which I deleted, referred to the fact that Louisiana law is different from rest of the nation. That is why I suggested that he contact a LA lawyer.

Thanks for the responses. Like suggested I will probably have to consult a lawyer. From researching more online Article 894 is basically a expungment of the conviction but not the arrest. Apparently that's why there is no disposition available anywhere, not sure if this makes a difference to the DPS though. From my searches it's like the court case never existed. If it weren't for the arrest showing it would be like it never happened.

"If you have been charged with a first time felony or misdemeanor in Louisiana, you should try to have your attorney enter your plea under articles 893 / 894 of the Louisiana Code of Criminal Procedure. Article 893 is for felony pleas and 894 is for misdemeanor plea agreements. The importance of the 893 / 894 plea is that the conviction is never entered on your record, and if you follow all of the conditions, you will be allowed to expunge the arrest."

After reviewing the clerk of court website it appears I can file a motion to expunge, pay a $350 fee and the arrest will be removed from all local LE and State Police NCIC databases. This may be the way to go.

Federally I'm not disqualified from owning or buying firearms. In the past I have been flagged "delayed" but the check always go through. In hindsight this is probably because of the DV arrest showing up. From what I understand the federal laws aren't that strict if your DV charge was set aside of dismissed then it's like it never happened and your gun rights are restored.

ATF form 4473:
"EXCEPTION to 11.c. and 11.i.: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer "no" to 11.c. or 11.i. as applicable."

My next question would be if the arrest is expunged and there is no record of the event at all anywhere should it even be listed on the application?

An 894 is NOT basically an expunction, but we have covered that.

Best of luck to you

Would anyone be able to recommend a Texas lawyer who specializes in these type of CHL issues?

I can't recommend, however the board owner Charles may be able to refer you.

Before you go that route:
Your 894 equates to a deferral in Texas and the deferral makes you ineligible per Texas law, my advice would be to seek expungement in Louisiana. Note, I'm not an attorney. I'm not sure that you can go up against the laws that are on the books.

cb1000rider wrote:I can't recommend, however the board owner Charles may be able to refer you.

Before you go that route:
Your 894 equates to a deferral in Texas and the deferral makes you ineligible per Texas law, my advice would be to seek expungement in Louisiana. Note, I'm not an attorney. I'm not sure that you can go up against the laws that are on the books.

His deferral only makes him ineligible if it was a felony, right? That is why I asked him about the potential penalty had he been convicted. If he could have been given over a year, then Texas treats it like a felony.

jbarn wrote:His deferral only makes him ineligible if it was a felony, right? That is why I asked him about the potential penalty had he been convicted. If he could have been given over a year, then Texas treats it like a felony.

A deferred adjudication counts as a conviction for at least 10 years, but if the misdemeanor was adjudicated more than 5 years ago then it may not disqualify him. Considering it's Louisiana, maybe a lawyer isn't a bad idea, unless the layer's opinion will cost more than applying and letting DPS tell you their opinion.

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.