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Mavsman31 wrote:My final deposition says judgement "set aside" from 5 years probation on a burglary of a habitation I received in 96. Will this make me eligible on the section 411.171 in the handgun statue...and obviously all the other requirements?
As long as you disclosed it on your application, and included a copy of your final disposition, then if truly 'set aside' then you should be eligible.GC §411.171. DEFINITIONS.
In this subchapter:
...........
(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 official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed
under any state or federal law.
Since they have disqualified you, it will be up to the review board and the new disposition papers as to if they will grant your license. Hopefully the new disposition will show you as clear and they will approve it.Mavsman31 wrote:I did disclose the deposition I had the one I had did not say set aside I requested the whole file and there was a special condition page. They disqualified me do to burglary of a habitation being a disqulifer....i have since requested a hearing...and sent in the new document and it was received Friday. This was so old and the only thing ever on my record. Did not know about the perment disqulifer till very recently.
I did not know that burglary of a habitation was a permanent disqualifier, unless it was a felony and even then it would be the fact it was a felony that would be the permanent disqualifier. I was aware that a domestic violence conviction could be a permanent disqualifier.Mavsman31 wrote:I did disclose the deposition I had the one I had did not say set aside I requested the whole file and there was a special condition page. They disqualified me do to burglary of a habitation being a disqulifer....i have since requested a hearing...and sent in the new document and it was received Friday. This was so old and the only thing ever on my record. Did not know about the perment disqulifer till very recently.
You should start a new thread.Errantlunchbox wrote:So I'm not sure if this question has been answered before but here we go.
I was on DA and was released early this year from it with my charges dismissed. I do not have a conviction on my record but understand that Texas DPS views DA as one. I know I have to wait 10 years to apply for my LTC here but is there another state I could get my non resident license to carry or conceal that can be used in Texas? A state that doesn't view DA has a conviction?