*** CHL Qusetions ***

[brjohnso]

Mr. Cotton or Members

I'm new to the forum, the main question I have is the approval process of the CHL I have done a online application and answered all question 100% truthful, but got to the end of the application where it ask for the $140 application payment which is NON-REFUNDIABLE. The $140 fee is not a problem to me if the application is approved.

Let me get to the point of my concern. I had a Felony offence in August of 1999, which I was; give Deferred adjudication probation, which I completed with no problem. Mind you the offence was not drug or weapon charge. I placed the offence on the CHL Application as requested.

What makes me wonder if this would hinder me having the application approved, if last month I walked in to a local gun shop and purchased a new Glock 19 with no problem at all.

All input would be greatly appreciated.


Brandon

[dolanp]

Unfortunately deferred adjudication counts as a conviction for the CHL statute. That is unless it was expunged or pardoned.

I seem to remember one of the bills this year was supposed to change this but I don't remember which one it was or whether it passed.

edit: The bill did pass, HB1831, but the 'conviction' has to be at least 10 years old. Robbery, homicide, kidnapping, trafficking of persons, sexual offenses, and assaultive offenses don't get cleared though.

[brjohnso]

Ok thanks for the info, its kind of funny to me I can go purchase the gun of my choice with no problem but can't carry with a CHL.

But can keep it in the trunk of my car going to and from the gun range.

Well with HB1831 passing I have 4 more years to go till I can get approved for a CHL.

Thanks again dolanp for the info


Brandon

[dolanp]

True, and with HB823 you can have it concealed in the car as well once it goes into effect.

[brjohnso]

True, and with HB823 you can have it concealed in the car as well once it goes into effect.

Sept.1 2005 right if Rick Perry signs off on it.

[dolanp]

Yup.

[brjohnso]

Could a good layer get my old case expunged? or is it to late?

[Sigshooter]

True, and with HB823 you can have it concealed in the car as well once it goes into effect.

Is this true because ive been hearing all sorts of stuff about this bill, and i dont know what to believe.

[dolanp]

Yes it is true, here is the text of the bill. Perry hasn't signed it yet, and it wouldn't go into effect until September 1.

[txinvestigator]

Could a good layer get my old case expunged? or is it to late?

Expunctions are generally granted in Texas for crimes in which you were found not guilty.

Art. 55.01. Right to Expunction

(a) A person who has been placed under a custodial or noncustodial
arrest for commission of either a felony or misdemeanor is entitled
to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was
arrested and is:

(A) acquitted by the trial court, except as provided by Subsection
(c) of this section; or

(B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

(A) an indictment or information charging the person with
commission of a felony has not been presented against the person for
an offense arising out of the transaction for which the person was
arrested or, if an indictment or information charging the person
with commission of a felony was presented, the indictment or
information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a
petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was
dismissed or quashed because the presentment had been made because
of mistake, false information, or other similar reason indicating
absence of probable cause at the time of the dismissal to believe
the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not
resulted in a final conviction and is no longer pending and there
was no court ordered community supervision under Article 42.12 for
any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years
preceding the date of the arrest.

(b) Except as provided by Subsection (c) of this section, a district
court may expunge all records and files relating to the arrest of a
person who has been arrested for commission of a felony or
misdemeanor under the procedure established under Article 55.02 of
this code if the person is:

(1) tried for the offense for which the person was arrested;

(2) convicted of the offense; and

(3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files
relating to an arrest for an offense for which a person is
subsequently acquitted, whether by the trial court or the court of
criminal appeals, if the offense for which the person was acquitted
arose out of a criminal episode, as defined by Section 3.01, Penal
Code, and the person was convicted of or remains subject to
prosecution for at least one other offense occurring during the
criminal episode.

(d) A person is entitled to have any information that identifies the
person, including the person's name, address, date of birth,
driver's license number, and social security number, contained in
records and files relating to the arrest of another person expunged
if:

(1) the information identifying the person asserting the
entitlement to expunction was falsely given by the person arrested
as the arrested person's identifying information without the
consent of the person asserting the entitlement; and

(2) the only reason for the information identifying the person
asserting the entitlement being contained in the arrest records and
files of the person arrested is that the information was falsely
given by the person arrested as the arrested person's identifying
information.