Obtaining a CHL with a misdemeanor record

[smithwesson40]

I was charged with aggravated assault in 2012. I did not perpetrate the crime that I was accused of doing. I was going to trial and my attorney said it was a slam dunk win. The possible consequence of being convicted of the charge was 4 years in TDC. My attorney stated that in the off chance that a was convicted, I would get probation and that the judge would dismiss me from probation after enduring only a few months (after filing a motion to dismiss my probation). TDC ? This scared the heck out of me. I didn't want to chance it with a jury. As we all know, DA's and their surrogates want to win, whether someone is innocent of a charge or not (once the charge has been pursued by their office). Even if a DA thinks they have a bad chance of winning a conviction, if the alleged victim is adamant about going to court, they still seek a plea. So, I took the plea of "guilty" for a lessor charge of "Deadly Conduct." I was given time served, no probation and I walked out the door a free man; no probation- nothing else. My record is now sealed with a class A misdemeanor of Deadly Conduct. My desire is to obtain a CHL. I am curious as to what my chances of getting a CHL will be with a Deadly Conduct conviction on my record. It had nothing to do with family violence or drugs or anything else. If I apply, might I be denied? I would like to be able to carry my gun legally concealed in the State of Texas. Do I have a chance?

[RoyGBiv]

Gotta wait 5 years from the date of the conviction. Should be OK after that.

[TexasJohnBoy]

I'd agree with the above statements - probably next year you could apply after the five year mark. The check they run is pretty in depth, so I wouldn't count on the case being sealed keeping it from showing up.

[casp625]

A sealed conviction generally make your available to apply for a CHL immediately! You would not have to wait!

Sec. 411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013.
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 437 , Sec. 50, eff. January 1, 2016.
(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.

[RogueUSMC]

Usually, the five year time frame starts at FINAL DISPOSITION not conviction. it is a moot point if they are one and the same...

[nightmare69]

Did this incident you speak of involve a firearm?

[smithwesson40]

Yes, allegedly it did. Deadly Conduct - Firearm.

[Jose_in_Dallas]

I have a similar question I would like to ask for a buddy of mine. He has a Class 2 and 3 Felony he was convicted for almost 20 years ago and was wondering if he can own a firearm now. He used to work with me (financial industry) and we all had to go through background checks and if it had been an issue I would think they wouldn't have hired him. He's an economics teacher now but lives in an apartment in a bad part of town and would like to keep a gun handy for security but isn't sure if he can own one or not. Any help/advice would be appreciated. Thanks.

[The Dude]

I have a similar question I would like to ask for a buddy of mine. He has a Class 2 and 3 Felony he was convicted for almost 20 years ago and was wondering if he can own a firearm now

The Gun Control Act of 1968 prohibits felons from possessing firearms and ammunition. Check out U.S.C. § 922(g)

[Jose_in_Dallas]

Thanks, I'll share that with him.

[locke_n_load]

A sealed conviction generally make your available to apply for a CHL immediately! You would not have to wait!

Sec. 411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013.
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 437 , Sec. 50, eff. January 1, 2016.
(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.

If sealed, would you still have to disclose it?

[casp625]

A sealed conviction generally make your available to apply for a CHL immediately! You would not have to wait!

Sec. 411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013.
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 437 , Sec. 50, eff. January 1, 2016.
(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.

If sealed, would you still have to disclose it?

My understanding is that DPS asks you to list all arrests, so yes you would disclose an arrest but the disposition would be listed as sealed.. However, if you were to get the record expunged, it appears you can deny it ever happened:

Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:
(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged

[gringo pistolero]

The Gun Control Act of 1968 prohibits felons from possessing firearms and ammunition. Check out U.S.C. § 922(g)

...however, Texas law will allow possession in the place where he resides. He likely cannot purchase a firearm since that falls under federal jurisdiction.

Yeah and Kansas law allows unregistered silencers.