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Re: Will I pass background check?
Posted: Sat Aug 11, 2012 12:36 pm
by Dragonfighter
Just thinking out loud...well typing. Once the probation and then deferred adjudication is over, he is eligible to own, correct? OP, if that's the case you should be able to carry in the vehicle under MPA. At least that's something.
Re: Will I pass background check?
Posted: Sat Aug 11, 2012 6:45 pm
by JP171
nmtzjr wrote:Hi,
I'm new here and have a question that I haven't been able to get a straight answer. I have the following 2 charges and was wondering will I still be able to get a CHL in Texas after I get done with my probation. On the felony they gave me the deferred adjudication probation. Some people say I must wait 10 years from the day my probation is over which is around March of 2013 and some tell me I'm out of luck since I have a felony. I will appreciate every answer I get.
1. Charge Class: FELONY-2ND DEGREE
Charge Description: AGG ASSLT W/DEADLY WEAPON
Disposition: CONVICTED
Charge Class: MISDEMEANOR-CLASS A
Charge Description: DEADLY CONDUCT
2. Charge Class: FELONY-3RD DEGREE
Charge Description: ENGAGE IN ORGANIZED CRIMINAL ACTIVITY (F3)
Plea: GUILTY
Probation: 6 YEARS
ok looks like 3 charges, the first being a 2nd degree felony that was defered adjudication(CONVICTION) also I think it fits within the absolute never own or carry( Title 5 Section 22.02) area the second charge of Deadly Conduct(convicted) has a 5 year from date of final disposition. third is the 3 degree felony he would be eligible 10 years after final disposition(completed probation) this is when the final verdict is entered because up untill the release from probation is recorded in the court clerks office it can be revolked and he can do jail time for the full 6 years as I understand the law and the FAQ from DPS
I think he may need to seek legal help and possibly need to go to court to have his rights reinstated. he could try and have them explunged or pardoned, but untill that happens he is not eligible to own, possess or carry a firearm in any form except that after 5 years he may have a long gun in his home for self protection as per federal law
Re: Will I pass background check?
Posted: Sat Aug 11, 2012 7:38 pm
by SwimFan85
It looks like two charges to me.
1. Aggravated Assault felony plead down to a deadly conduct misd. No problem federally unless it was a family member or roommate, but disqualifies him from a Texas CHL for 5 years.
2. Organized Crime felony def. adj. No problem federally after the charges are dismissed, but disqualifies him from a Texas CHL for 10 years.
He might have better luck in another state. I think VA allows 1 misd. conviction but not 2.
Re: Will I pass background check?
Posted: Sat Aug 11, 2012 8:22 pm
by JP171
SwimFan85 wrote:It looks like two charges to me.
1. Aggravated Assault felony plead down to a deadly conduct misd. No problem federally unless it was a family member or roommate, but disqualifies him from a Texas CHL for 5 years.
2. Organized Crime felony def. adj. No problem federally after the charges are dismissed, but disqualifies him from a Texas CHL for 10 years.
He might have better luck in another state. I think VA allows 1 misd. conviction but not 2.
the way I read it he said he was given defered adjudication for the 2nd degree felony,no pleading down so that means no weapons ever
the 3rd degree felony he was given probation, it will not be dismissed so it makes him unable to get a chl