Odd Legal Situation

[snscott]

Way back in the 1950's when my dad was young and stupid, he was in the army and did something really stupid and got sent to prison. However, he was later returned to "Honorable Duty Status", and even kept his "Top Secret Clearance". He was Honorably Discharged at the end of his tour and has not been (that) stupid like that again.

Here's the question, can he apply for a CHL? Technically, he was convicted of a felony, but then returned to "Honorable Duty Status". One time when he was called for Jury duty, he brought this up and the judge said she thought that was the same thing as a "pardon" to her and so she did not consider him to be a "convicted felon".

He is 70 now and would like to get a CHL but thinks it would be too much trouble to explain the whole story. He thinks the FBI has the record that he was convicted, but that they do not record stuff like being returned to honorable status.

Anyone on here have a clue on this one?

[frankie_the_yankee]

Your dad should see a lawyer.

[GlockenHammer]

Your dad should see a lawyer.

I agree. You'll need one familiar with military and civil law--not an easy task.

[DSARGE]

I don't know his story, and I am not a military lawyer, but his commander may have had his conviction "set aside" or basically erased. If he was returned to duty and honorably discharged, something had to happen. I'm not sure about that time frame, but now, you cannot obtain even a secret clearance--much less a top secret---with a felony. If you live near a base, have him set up an appointment with the "Area Defense Council" or "Judge Advocate General". They deal with this kind of situation daily and can point you in the right direction. IMO it would be crazy that the US Gov trusted him with Top Secret information, but the state wouldn't trust him to carry a weapon in self defense. Good luck, and if you need any numbers or points of contact--feel free to PM me.

[Braden]

Your dad should see a lawyer.

It would probably be cheaper to just take the CHL class and send his forms in. If he passes the background check he'll have the CHL. If he doesn't then he has STILL spent less money than he would talking to a lawyer that probably wouldn't be able to change his "convicted felon" status anyway.

[frankie_the_yankee]

Your dad should see a lawyer.

It would probably be cheaper to just take the CHL class and send his forms in. If he passes the background check he'll have the CHL. If he doesn't then he has STILL spent less money than he would talking to a lawyer that probably wouldn't be able to change his "convicted felon" status anyway.

Yeah, but if he fills out the form with something that is wilfully inaccurate, (i.e. a lie), he is committing a crime and messing up his record for good.

This isn't a situation where I would pinch pennies.

[stevie_d_64]

Not that I ever had anything to hide...Listing your military history on the CHL paperwork IIRC, was nothing more than checking that you served, and that you were anything "but" dishonorably discharged...

If he lists the service, they will probably only verify that he was discharged honorably...

That whole mess earlier in his carreer in the service may not even make a blip on the radar...

If it means that much to you, and you want them to really dive into your service in the military, it really doesn't give you any extra speed in processing or consideration for the Texas CHL (IMO)...It may even slow it down, and possibly hold it up if they see something like this, that it appears the military forgave and re-assigned your Dad to active duty, and with a TS clearance...You do not get a TS clearance after you screw up bad enough (as it appears) to get convicted of a serious "stupid", either in the civilian or military justice system...

My take...Take the class, fill out the paperwork indicating successful honorable discharge, and see what happens...If Austin needs clarification, they'll send you a letter...They are good at that...

Cross that bridge when and if you get there...

But this is just my opinion...