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by ScottDLS
Thu Mar 01, 2018 5:43 pm
Forum: General Texas CHL Discussion
Topic: Class A Misdemeanor - Judgement "Set Aside"
Replies: 16
Views: 2724

Re: Class A Misdemeanor - Judgement "Set Aside"

dempc6469 wrote:Long story short...

Had a class A misdemeanor. I received deferred adjudication on 1/21/14 and subsequently completed that on 6/13/14 and the case was dismissed. When I pull up court documents it shows "Judgement Set-Aside" and "Disposed by DISM (Dismissal)". In reading LTC-16 (Current TCL Laws) it states:

(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

I have already filed my application, done my fingerprints, and was scheduled to take my LTC-100 class Monday. Am I eligible in the situation above? It looks like section C (highlighted) may have been added Sep 1, 2009. To me, it seems like I'm perfectly eligible being that my case was "set-aside" and dismissed.

Help! :confused5
The way I read it you are fine, although they may contact you to provide details of disposition.

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