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by Keith B
Wed Feb 28, 2018 6:31 pm
Forum: General Texas CHL Discussion
Topic: Deferred Adjudication
Replies: 27
Views: 3463

Re: Deferred Adjudication

AJSully421 wrote:
Keith B wrote:
Leveraction wrote:
AJSully421 wrote:Sorry to confuse...

So, a DA for Burglary of a Habitation is a permanent disqual for LTC purposes...

EXCEPT

If that DA has been nullified, vacated, set aside, or a whole long list of other words. Having a successfully completed DA be non-disclosed by a Judge's order removes that disqualification, making the person instantly eligible (so long as everything else is met).

Where can I read this information. Im currently in the non-disclisure process, I have talked to 50 lawyers and I cant get any of them to tell me this flat out. They all do the lawyer dance around the answer so theyre not liable if it doesnt work out.
An order of non-disclosure is not the same as an expungement or being set-aside, I believe only hides the records from the public where they cannot see the record, not law enforcement. I don't think an order of non-disclosure will clear you for an LTC if you have a something that is a permanent disqualification.
Except that the DPS says that it does. My best friend in HS got hit for Burglary of a Habitation for something stupid he did to an ex's dorm room in college. He was denied a CHL because it is a permanent disqualification. He later got his case approved for an order of non-disclosure, and he has a Texas LTC today because of that order.

Now that I am in management with a Security Company, I am having to make calls down to the Regulatory Services Division (the people who handle LTC, Security Licensing, and other stuff) to ask about things like criminal records, military discharges, other administrative questions about the law, and you would not believe the things that they tell me over the phone that are not completely spelled out in the law, but they have their instructions, and one of them is that orders of non-disclosure for a successfully completed DA on a Burglary of a Habitation (and possibly others) are considered to be "nullified, vacated, set aside..." according to that law and are not disqualifying.

Call the DPS RSD down in Austin: 512-424-7293 - option 1 for handgun licensing.

Good to know they consider a order of non-disclosure as a clear path as well.
by Keith B
Wed Feb 28, 2018 4:50 pm
Forum: General Texas CHL Discussion
Topic: Deferred Adjudication
Replies: 27
Views: 3463

Re: Deferred Adjudication

Leveraction wrote:
AJSully421 wrote:Sorry to confuse...

So, a DA for Burglary of a Habitation is a permanent disqual for LTC purposes...

EXCEPT

If that DA has been nullified, vacated, set aside, or a whole long list of other words. Having a successfully completed DA be non-disclosed by a Judge's order removes that disqualification, making the person instantly eligible (so long as everything else is met).

Where can I read this information. Im currently in the non-disclisure process, I have talked to 50 lawyers and I cant get any of them to tell me this flat out. They all do the lawyer dance around the answer so theyre not liable if it doesnt work out.
An order of non-disclosure is not the same as an expungement or being set-aside, I believe only hides the records from the public where they cannot see the record, not law enforcement. I don't think an order of non-disclosure will clear you for an LTC if you have a something that is a permanent disqualification.

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