Deferred Adjudication

CHL discussions that do not fit into more specific topics

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AJSully421
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Re: Deferred Adjudication

#16

Post by AJSully421 » Wed Feb 28, 2018 6:05 pm

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.
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

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Leveraction
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Re: Deferred Adjudication

#17

Post by Leveraction » Wed Feb 28, 2018 6:19 pm

Im not doubting you sully, god knows I want you to be right. Im jyst havibg a hard tim locating the laws or wherever this is documented. Mune is the same deal BOH circa 02' 17year old dumb kid was I. I vant even pass nics did the whole appeal semt them dismissals from the clerks office etc. Ive hire a lawyer for the non disclosure I just haven't tead anywhere official that this will fix it.

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Keith B
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Re: Deferred Adjudication

#18

Post by Keith B » Wed Feb 28, 2018 6:31 pm

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.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

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AJSully421
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Re: Deferred Adjudication

#19

Post by AJSully421 » Wed Feb 28, 2018 7:33 pm

Leveraction wrote:Im not doubting you sully, god knows I want you to be right. Im jyst havibg a hard tim locating the laws or wherever this is documented. Mune is the same deal BOH circa 02' 17year old dumb kid was I. I vant even pass nics did the whole appeal semt them dismissals from the clerks office etc. Ive hire a lawyer for the non disclosure I just haven't tead anywhere official that this will fix it.
I hear ya. Unfortunately, nowhere in the law will you find a line that says "An order of non-disclosure qualifies under 411.171(4) of the Government code as being the same as all of those other words listed there". As far as I can tell, they consider a non-disclosure to be under the catch-all category of "Sealed" listed in 411.171(4)(c).
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

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tool4daman
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Re: Deferred Adjudication

#20

Post by tool4daman » Thu Mar 01, 2018 8:31 am

Could someone please tell me where I can find a list of permanent disqualifiers? I’d like to read it. Or is there no single list, they are just dispersed throughout the Public Codes?
Best advice I was ever given- Don't mess with the dog while he's eatin'.


BBYC
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Re: Deferred Adjudication

#21

Post by BBYC » Thu Mar 01, 2018 1:43 pm

tool4daman wrote:Could someone please tell me where I can find a list of permanent disqualifiers? I’d like to read it. Or is there no single list, they are just dispersed throughout the Public Codes?
https://www.dps.texas.gov/InternetForms ... LTC-16.pdf
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tool4daman
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Re: Deferred Adjudication

#22

Post by tool4daman » Thu Mar 01, 2018 1:50 pm

Thank you for sending me that 88 page document. I found it earlier, but was unable to pick out permanent disqualifiers. Is there a section entitled “Permanent Disqualifiers “ that I am missing? If not, do you have any other helpful guidance other than posting an 88 page document? :tiphat:
Best advice I was ever given- Don't mess with the dog while he's eatin'.


apostate
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Re: Deferred Adjudication

#23

Post by apostate » Thu Mar 01, 2018 4:29 pm

Do you mean what offenses are permanent disqualifiers even with deferred adjudication, or all permanent disqualifiers such as renouncing your US citizenship?
I'm too old for this...


tool4daman
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Re: Deferred Adjudication

#24

Post by tool4daman » Thu Mar 01, 2018 4:54 pm

All permanent disqualifiers.
Best advice I was ever given- Don't mess with the dog while he's eatin'.


infoman
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Re: Deferred Adjudication

#25

Post by infoman » Fri Mar 02, 2018 8:41 am

Lots of confusion on this post, so I’ll set the record straight. 1. A burglary of habitation (whether a straight conviction or deferred adjudication) is a permanent disqualifier. 2. You can become eligible if you get an order of non-disclosure. 3. You can also get a Florida non-resident license to use here the same as if you had a Texas LTC. 4. You cannot get a true set aside on a felony deferred adjudication. So, #2 & #3 are the best beat here.


infoman
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Re: Deferred Adjudication

#26

Post by infoman » Fri Mar 02, 2018 9:00 am

9793AB8B-66D6-4781-996F-068DE21F5297.jpeg
Texas laws
tool4daman wrote:Could someone please tell me where I can find a list of permanent disqualifiers? I’d like to read it. Or is there no single list, they are just dispersed throughout the Public Codes?


tool4daman
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Re: Deferred Adjudication

#27

Post by tool4daman » Fri Mar 02, 2018 2:02 pm

I incorrectly thought title V in the Texas Code was family violence. I was able to p.m. a couple people on this form to inquire about this. Thank you KeithB for setting me straight. I now understand where this “list” comes from in 411.1711.

Infoman-Thank you for letting me know it is somewhere in Texas law. Your sarcasm and dim wit are noted.
Best advice I was ever given- Don't mess with the dog while he's eatin'.


infoman
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Re: Deferred Adjudication

#28

Post by infoman » Fri Mar 02, 2018 2:53 pm

I wasn’t trying to be sarcastic, I was letting you know exactly where you can see all the charges that fall under 411.1711. Believe it or not there are people out there that would not know this.

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