Deferred Prosecution Question

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bamhauser
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Deferred Prosecution Question

Postby bamhauser » Sun Sep 10, 2017 3:10 am

To be clear, this happened when I was 14. It was an assault charge and I got DEFERRED PROSECUTION. This is NOT the same as deferred adjudication. I fly through NICS background checks in seconds and have nothing else on my record. This never shows up anywhere. To the best of my knowledge it is not on my criminal record and has never stopped me from doing anything. The only way I was able to even gain access to it was to verify my identity and the county clerk could hardly find the file.

1. Would I have to list this on the application form?
2. Would it disqualify me?
3. Do I have to list class C misdemeanor traffic violations? (Happened over 5 years ago).

Again, this is in no way legally the same as deferred adjudication. As a concept it definitely exists in Texas and is definitely not a conviction.
As far am I'm aware, I have to provide documentation of any and all "crimes" ever committed.

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Re: Deferred Prosecution Question

Postby Liberty » Sun Sep 10, 2017 6:45 am

bamhauser wrote:To be clear, this happened when I was 14. It was an assault charge and I got DEFERRED PROSECUTION. This is NOT the same as deferred adjudication. I fly through NICS background checks in seconds and have nothing else on my record. This never shows up anywhere. To the best of my knowledge it is not on my criminal record and has never stopped me from doing anything. The only way I was able to even gain access to it was to verify my identity and the county clerk could hardly find the file.

1. Would I have to list this on the application form?
2. Would it disqualify me?
3. Do I have to list class C misdemeanor traffic violations? (Happened over 5 years ago).

Again, this is in no way legally the same as deferred adjudication. As a concept it definitely exists in Texas and is definitely not a conviction.
As far am I'm aware, I have to provide documentation of any and all "crimes" ever committed.


1: Yes, and you need to provide any documentation that you can.
2: Nope no conviction ... No Foul.
3: Nope
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RoyGBiv
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Re: Deferred Prosecution Question

Postby RoyGBiv » Sun Sep 10, 2017 7:51 am

Deferred prosecution = pre-trial diversion.
What exactly does your file say was the disposition?

2 issues:
1. Does Texas consider deferred prosecution to be the same as deferred adjudication for LTC purposes?
I've never seen this question discussed here, except for here: viewtopic.php?f=7&t=82291&p=1050571

and.

2. Would this offense/penalty as a minor carry the same impact as a similar offense/penalty as an adult, for LTC purposes?

I suggest you contact an attorney for an answer specific to your situation.
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bamhauser
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Re: Deferred Prosecution Question

Postby bamhauser » Sun Sep 10, 2017 9:28 am

I had a copy of the file at one point years ago but lost it. I believe everything was thrown out and dismissed. I never went to trial. I just went before the judge and promised to be a good boy basically. We'll find out when I get the official record. I didn't even go to a courtroom. The judge took me in his office and sat me down with my parents.


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bamhauser
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Re: Deferred Prosecution Question

Postby bamhauser » Sun Sep 10, 2017 9:32 am

I honestly wonder why we have to list all of this stuff when they can just look it up anyways -.-.

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Re: Deferred Prosecution Question

Postby Keith B » Sun Sep 10, 2017 5:59 pm

bamhauser wrote:I honestly wonder why we have to list all of this stuff when they can just look it up anyways -.-.


Defered prosecution normally means they agree to drop charges as long as you fulfill a requirement. Many times that means they put everything on hold until a certain time is up, and if you have kept your nose clean they drop charges.

As for the event, you will need to list it. You will need to send a certified copy of the disposition of the case, or a letter from the court clerk where the offense too place stating they find no record of the arrest. The court clerk can tell you if they show anything or not. Will still need one or the other papers to provide DPS.
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RoyGBiv
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Re: Deferred Prosecution Question

Postby RoyGBiv » Sun Sep 10, 2017 9:13 pm

Keith.... Does it make any difference if the offense occurred when the applicant was a minor?
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nightmare69
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Re: Deferred Prosecution Question

Postby nightmare69 » Sun Sep 10, 2017 9:44 pm

You won't be able to get a certified letter over a juvenile case without hiring an attorney, setting a court date, and persuading the judge to open the sealed case and having the DA certify it. Ask me how I know. Just get the local juvenile probation office to type up a formal letter stating the details of your case. That will be enough for to get your license.
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bamhauser
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Re: Deferred Prosecution Question

Postby bamhauser » Sun Sep 10, 2017 11:54 pm

Haha. How do you know?

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nightmare69
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Re: Deferred Prosecution Question

Postby nightmare69 » Mon Sep 11, 2017 7:09 am

bamhauser wrote:Haha. How do you know?

I have a juvenile record and had to go through all this before.
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infoman
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Re: Deferred Prosecution Question

Postby infoman » Mon Sep 11, 2017 10:04 pm

1. Yes
2. No
3. No


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bamhauser
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Re: Deferred Prosecution Question

Postby bamhauser » Wed Sep 13, 2017 9:15 pm

Listed everything I could find a record on. Prints submitted. Class on Saturday. Will let you guys know the final outcome when I receive it.

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Keith B
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Re: Deferred Prosecution Question

Postby Keith B » Wed Sep 13, 2017 10:12 pm

bamhauser wrote:Listed everything I could find a record on. Prints submitted. Class on Saturday. Will let you guys know the final outcome when I receive it.


Did you include certified copies of the dispositions?
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bamhauser
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Re: Deferred Prosecution Question

Postby bamhauser » Wed Sep 13, 2017 11:17 pm

They didn't ask for them at any point during the application process. I should note I filled it out online. Definitely didn't see anywhere during the process that I needed to mail copies. Also wasn't in my email checklist. I'm assuming this is just to speed the process up? I guess I could mail copies of the dispositions to Austin.


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Re: Deferred Prosecution Question

Postby twomillenium » Thu Sep 14, 2017 12:17 am

bamhauser wrote:They didn't ask for them at any point during the application process. I should note I filled it out online. Definitely didn't see anywhere during the process that I needed to mail copies. Also wasn't in my email checklist. I'm assuming this is just to speed the process up? I guess I could mail copies of the dispositions to Austin.

I would just scan them to a pdf file and send it online as a supporting document.
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