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CHL/ Old deferred Adjudication drug arrest (Felony)
Posted: Wed Feb 13, 2013 9:24 pm
by zak9112
So in 1992 I was arrested and charged with possession and subsequently given 4 years probation Deferred adjudication. While on probation I failed a UA...okay it was 2 of them
Any how 5 years into to my 4 year sentence the state terminated my probation. I thought all was good. I have purchased many firearms since and always answered NO on the NIC form per Texas law regarding deferred adjudicated cases.
During my quest to obtain my CHL I looked up my record and it is as follows:
Defendant: Disposed(D)
Disposition: Unsatisfactory Termination of Probation(USTP)
Does this mean I didn't get the deferred status?
Can I still get a CHL?
Thanks for any help at all.
Re: CHL/ Old deferred Adjudication drug arrest (Felony)
Posted: Thu Feb 14, 2013 9:12 am
by OldGrumpy
Not a lawyer but I suspect when you violated probation that ended your deferred adjudication. Doubt that you will qualify for CHL
Re: CHL/ Old deferred Adjudication drug arrest (Felony)
Posted: Thu Feb 14, 2013 9:52 am
by Charles L. Cotton
I don't know based upon this information. If this happened in Texas, if one violates the terms of probation (deferred adjudication or conviction & sentencing), it is my understanding that you have to go before the judge and he/she makes a decision about incarceration or "conviction" and sentence, if any, is determined.
From your post, it appears that you never heard anything so I have no idea what is the legal status of your charges. You need to contact a criminal attorney and have him look into it. You need to do this before buying another gun and filling out the BATFE Form 4473, so there's more at stake than just your CHL.
Chas.
Re: CHL/ Old deferred Adjudication drug arrest (Felony)
Posted: Thu Feb 14, 2013 9:17 pm
by zak9112
Charles L. Cotton wrote:I don't know based upon this information. If this happened in Texas, if one violates the terms of probation (deferred adjudication or conviction & sentencing), it is my understanding that you have to go before the judge and he/she makes a decision about incarceration or "conviction" and sentence, if any, is determined.
From your post, it appears that you never heard anything so I have no idea what is the legal status of your charges. You need to contact a criminal attorney and have him look into it. You need to do this before buying another gun and filling out the BATFE Form 4473, so there's more at stake than just your CHL.
Chas.
Sorry! Yes this is in Texas and the case is Disposed and my probation albeit called unsatisfactorily completed, it was completed. I have turned this over to a lawyer as of today. I will post results. Thanks for reply