Title 5, blocks my CC permit, thoughts?

[JeffbDallas]

I have successfully completed all requirement for mr conceal and carry permit in the state of Texas but have ran into a problem with section 411.171 title 5, felony offense. I had an incident in Santa Fe, NM in 1998 and was charge with aggravative assault with a deadly weapon(a fight against 8 individuals and the weapon was a beer bottle they threw at me) anyway I tool deferred adjudication and had the charges dismissed in 2002. The Tax Dept Public Safety is trying to prevent me from getting my license saying Title 5, that I was convicted of a felony charge despite having all charges dropped by New Mexico State Judge. Two question, first court precedent Cuellar v. State found that a dismissed judgement is not a felony and cannot hold that felony against the individual (read the no 0733-01 decided Feb 13th, 2002) and secondly, I believe my case precedes the title 5 statue so I should be grandfathered in. Any thoughts or insights on this matter?

Respectfully,
Jeff Dallas

[Lambda Force]

Texas Government Code Chapter 411, Subchapter H states that deferred adjudication will be considered the same as a conviction. There are some exceptions but felony assault isn't one.

[locke_n_load]

Relevant Texas Penal Code:

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

[The Annoyed Man]

Relevant Texas Penal Code:

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

So, Jeff would have to have his conviction/adjudication "vacated, set aside, annulled, invalidated, voided, or sealed" in order to proceed, or is the felony assault a permanent disqualifier no matter what?

[Ameer]

The Tax Dept Public Safety is trying to prevent me from getting my license saying Title 5, that I was convicted of a felony charge despite having all charges dropped by New Mexico State Judge.

Have your application been officially denied? If so, have you requested a hearing?

Two question, first court precedent Cuellar v. State found that a dismissed judgement is not a felony and cannot hold that felony against the individual (read the no 0733-01 decided Feb 13th, 2002)

It looks like that case specifically relates to felon in possession of a firearm (46.04) not a license to carry.

[infoman]

It sounds like you're permantently ineligible, but you can always request an appeal hearing after you're denied. if someone has a felony aggravated assault deferred adjudication in Texas- it's for sure a permantent disqualifier.

[AJSully421]

Unless you subsequently had the deferred sealed, set aside (non-disclosed in Texas), then it still counts against you. Might be something easily handled in NM, or it might be darn near impossible.

Simply being dismissed after a DA is insufficient.