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Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 11:17 am
by readyrock
In 1989 I was placed on deferred adjudication , for aggravated assault with a deadly weapon(felony) which I successfully completed in 1999. I have since have had my record sealed.
Now I want to apply for my CHL but is a little apprehensive above spending money on this process only to have DPS deny me based on some loophole in the new law as of Sept 1. qualifying deferred adjudication recipients that have had their records sealed.
1.) Has any one gone though this?
2.) Will DPS require the court disposition and or the order of non-disclosure?
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 11:25 am
by Crossfire
Was this a juvenile record? I am not aware of being able to "seal" an adult felony conviction, but I could be wrong.
If so, then yes, you are eligible 10 years after the conviction date. And you will need disposition paperwork.
If you were convicted as an adult, then no, you are not eligible for the deferred adjudication exemption because of the charge.
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 5:01 pm
by Zee
I believe not because it was a crime against persons. The last law change forgave convictions that were dismissed or set aside with the exception of of these types. Look at the explantion in the handbook
http://www.txdps.state.tx.us/ftp/forms/LS-16.pdf" onclick="window.open(this.href);return false;.
I'm not a lawyer but I've studied up for my own situation. It was not a crime against persons so I feel I will squeak through, meaning fingers crossed.
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 8:10 pm
by readyrock
At the time I received probation I was an adult, it has been 10+ years and I have court order of non-disclosure (sealed)
But looking at the new law as Sept 1 2009 on
http://www.txdps.state.tx.us/administra ... bility.pdf
SUMMARY OF 2009 LEGISLATIVE CHANGES TO
CONCEALED HANDGUN LICENSING ACT
Relating To Eligibility and Disciplinary Actions
Effective September 1, 2009
1. Definitions of ‘Conviction’ and ‘Felony’
Section 411.171 is amended to exclude from the definition of „conviction‟ those convictions or orders of deferred adjudication that have been:
"vacated, set-aside, annulled, invalidated, voided, or sealed."
The most common situation is likely to be a conviction “set-aside,” which may (but need not) follow the successful completion of probation.
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 8:34 pm
by USA1
For CHL purposes... (Deferred adjudication = Felony)
If the charge is aggravated assault with a deadly weapon ,then the 10 year limit makes no difference.
Any felonies which involve violence or weapons is an automatic disqualification.
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 8:45 pm
by readyrock
USA1 wrote:For CHL purposes... (Deferred adjudication = Felony)
If the charge is aggravated assault with a deadly weapon ,the the 10 year limit makes no difference.
Any felonies which involve violence or weapons is an automatic disqualification.
I understand that but according to the new law
1. Definitions of ‘Conviction’ and ‘Felony’ Section 411.171
Could you please explain Section 411.171?
Is it saying that a Deferred Adjudication that has been sealed (which mine is) IS NOT a conviction?
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 8:56 pm
by USA1
readyrock wrote:USA1 wrote:For CHL purposes... (Deferred adjudication = Felony)
If the charge is aggravated assault with a deadly weapon ,the the 10 year limit makes no difference.
Any felonies which involve violence or weapons is an automatic disqualification.
I understand that but according to the new law
1. Definitions of ‘Conviction’ and ‘Felony’ Section 411.171
Could you please explain Section 411.171?
Is it saying that a Deferred Adjudication that has been sealed (which mine is) IS NOT a convection?
I also have a deferred adjudication that is "sealed" , so I understand what you're saying .
sealed or not , DPS
will see it.
Something I did when I was unsure was I called DPS and spoke to someone in the legal dept.
I gave them my name , DOB , DL # , and SS #.
The person was able to pull up my history in seconds and told me that they could see the incident in question.
They told me instantly if there were any disqualifying factors .
I think you would get a more definite answer to your question by contacting them .
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 9:12 pm
by readyrock
Thanks will do
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 9:53 pm
by Charles L. Cotton
HB2730 amended Tex. Gov't Code §411.171 to exclude from the definition of "conviction" any conviction or deferred adjudication that has been sealed. Here is the operative language:
Tex. Gov't Code §411.171 wrote:SECTION 6.06. Section 411.171(4), Government Code, is amended to read as follows:
(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; [or]
(B)pardoned under the authority of a state or federal official; or
(C)otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law. (Emphasis added.)
Since your "deferred" was sealed, you should be fine, whether or not DPS is able to see the record. Be sure to disclose it, or you will give DPS a valid reason to deny your application.
Chas.
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 9:56 pm
by USA1
Thank you Charles for shedding some light on this.
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Sun Nov 15, 2009 9:56 pm
by Crossfire
Thanks for clarifying that, Charles!
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Thu Sep 16, 2010 5:22 pm
by readyrock
Well here is the final outcome of this post.....I DID receive my CHL in Sept 2010 after submitting my application and payment in January, they requested additional information one time about my fingerprint card "No place of birth (POB)", then I got a denial letter stating I did not qualify because I had deferred adjudication after I sent the court disposition and my partition for a order of non disclosure when I first mailed in my application and no court order of Non-disclosure sealing my record(I guess they could not see that my record was sealed).
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Thu Sep 16, 2010 9:43 pm
by rbftfire
Charles L. Cotton wrote:HB2730 amended Tex. Gov't Code §411.171 to exclude from the definition of "conviction" any conviction or deferred adjudication that has been sealed. Here is the operative language:
Tex. Gov't Code §411.171 wrote:SECTION 6.06. Section 411.171(4), Government Code, is amended to read as follows:
(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; [or]
(B)pardoned under the authority of a state or federal official; or
(C)otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law. (Emphasis added.)
Since your "deferred" was sealed, you should be fine, whether or not DPS is able to see the record. Be sure to disclose it, or you will give DPS a valid reason to deny your application.
Chas.
So, am I to understand that a granted motion for non-disclosure on a successfully completed deferred adjudication is considered sealed? In other words, regardless of the felony (violent crime, burglary of habitation, etc.), if it was deferred then non-disclosed, the person is still qualified for CHL?
If so, I really misunderstood that one.
Re: Do deferred adjudication+ sealed = Safe to apply 4 CHL
Posted: Fri Sep 17, 2010 8:53 am
by infoman
Hi, Based on your post, I'm 100% sure you would be denied. Don't waste your money. Until the law changes, you would be denied for life.