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1/25/2018 7:38:29 AM
Posted: 12/14/2001 11:17:33 AM EST
I am 21 years old and i am looking to purchase a firearm, but there is a problem...when i was 17 i was charged with a state jail felony. i was awarded deffered adjunctication and was on probation for 2 years, along with community service and etc. From what i recollect, when i finished the probation period without complications the charges would be dropped and off my record. After looking up my record, there is still the charges and everything, but it says that it was dismissed. Now the question is, can i purchase a handgun and can i get my CHL? i am a Texas resident and hope someone with some insight can help me with this problem...thanks
Link Posted: 12/14/2001 11:33:20 AM EST
Deferred adjudacation just keeps your behind out of jail. You have a record pal. Sorry. Try a lawyer. Email me if you're in Houston I know a good lawyer. Dunno if he could help or not, but he'll tell you straight.
Link Posted: 12/14/2001 12:19:50 PM EST
If the record system in Texas is like the system in California, unless you have the charges expunged, they stay on the record with the disposition listed. "Dismissed" out here means there was no conviction. Check with a lawyer in Texas for confirmation on Texas law and if the dismissal will impact your handgun purchase and CHL application.
Link Posted: 12/14/2001 2:49:06 PM EST
Unless expunged all arrest records will stay on file with the state and FBI forever. Even if you have the case dismissed or go to trial and are found not guilty you still are required to petition the court to have the records expunged. AFAIK this is the case in many states. If you are successful at the state level make sure the state requests the return of your arrest records from the FBI. You need a lawyer to explain the specific procedures that are required under Texas law and file the proper papers with the court. Do not fail to do this, as it will follow you the rest of your life.
Link Posted: 12/14/2001 3:47:00 PM EST
Link Posted: 12/15/2001 10:31:04 AM EST
Lambda, Get a lawyer familiar with the firearms laws in your state and see what he says. My understanding (and I am not a lawyer) is that successful completion of the conditions of a deferred sentence removes the conviction, although it may not remove it from your record. It is important that the organization that performs firearms background checks is aware of the final disposition of your case, so you may need to have your records with them updated.
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