Legal question regarding Texas GC 411

[troydj817]

My wife applied for her LTC on Jan 13 and disclosed all arrests, etc. today in the mail she received a letter stating she was denied for 411.172(a) meaning she’s not eligible for ten years proceeding the disposition of the charge.

She was arrested in 2009 for possession of a cs. The charge was pled no contest/guilty to receive ten years deferred. After 4 years she had the conviction set aside.

Under Texas GC statute 411.171 it states that you are considered convicted even if the charge was deferred UNLESS the charge was pardoned, expunged, annulled, set aside, voided etc.

The wording sounds to me like according to the Texas gun code she was never convicted therefor she would not have any disqualifier, as 411.171 states clearly that set aside convictions are not included in the term convicted.

(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 o cial; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or seale

She is filing for appeal but in the meantime I’d like to know if anyone else has ran into this or has any input on the matter.

This was her only confrontation with police in her life and it was a guy she was with who had possession but they charged her anyway even though he copped to it and said it was his.

She’s fully eligible to buy guns from an FFL and gets immediate approval 90% of the time.

[troydj817]

I should mention she did not attach any documentation for the arrest/set aside because she figured they would be able to see it since it happened in Texas.

My LTC in 2012 I disclosed all arrests but the RSD asked for further information on one that was dismissed. I figured if they needed more info they would ask but didn’t think about them not being able to see it was set aside since she’s eligible to buy guns. She disclosed on the form that it was set aside so I would think they would simply request proof.

[Keith B]

As long as she listed it on the application, if they need additional information they will request it.

[infoman]

It’s not a true set aside if it was a deferred adj., that’s only for straight convictions. (my understanding). she’d be disqualified for 10 years from date she was given deferred adjudication.