Class A Misdemeanor - Judgement "Set Aside"

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dempc6469
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Class A Misdemeanor - Judgement "Set Aside"

#1

Post by dempc6469 » Thu Mar 01, 2018 5:37 pm

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

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ScottDLS
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Re: Class A Misdemeanor - Judgement "Set Aside"

#2

Post by ScottDLS » Thu Mar 01, 2018 5:43 pm

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.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


Topic author
dempc6469
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Re: Class A Misdemeanor - Judgement "Set Aside"

#3

Post by dempc6469 » Thu Mar 01, 2018 6:02 pm

ScottDLS wrote:
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.
That's the way I read it as well.. called DPS directly and she said she wasn't part of the eligibility department and couldn't answer my question. Was hoping someone had better insight here.

I have gone ahead and downloaded both the Disposition document and the Order of Dismissal so that I can upload.

Anyone else with some advice/info on the topic would be highly appreciated!

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longhorn86
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Re: Class A Misdemeanor - Judgement "Set Aside"

#4

Post by longhorn86 » Fri Mar 02, 2018 7:52 am

Someone may correct me if I am wrong, but I recall that there are certain offenses against persons that are permanent disqualifiers for LTC regardless of deferred adjudication. Perhaps you could share what your offense was?
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infoman
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Re: Class A Misdemeanor - Judgement "Set Aside"

#5

Post by infoman » Fri Mar 02, 2018 8:28 am

You have to be much more detailed. What state? What county? What was the charge? (DWI, Assault, Poss of Marij, reckless driving?)

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Re: Class A Misdemeanor - Judgement "Set Aside"

#6

Post by AJSully421 » Fri Mar 02, 2018 10:10 am

For a misdemeanor DA that was dismissed and set aside, it does not matter what it is, it is not disqualifying.

It could even be a domestic violence charge, but because it was a DA, it is not a conviction and is not disqualifying at the Federal level, and since it has been set aside, it will be covered under 411.171(4)(C) and not disqualifying at the State level.

You’re good to go.
Last edited by AJSully421 on Fri Mar 02, 2018 10:39 am, edited 2 times in total.
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AJSully421
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Re: Class A Misdemeanor - Judgement "Set Aside"

#7

Post by AJSully421 » Fri Mar 02, 2018 10:36 am

longhorn86 wrote:Someone may correct me if I am wrong, but I recall that there are certain offenses against persons that are permanent disqualifiers for LTC regardless of deferred adjudication. Perhaps you could share what your offense was?
411.1711 lists the permanent disqualifiers, and 411.171(1) states that it must be a felony offense. The OP stated that his is a Class A Misdemeanor, so none of 411.1711 applies to him at all.
"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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dempc6469
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Re: Class A Misdemeanor - Judgement "Set Aside"

#8

Post by dempc6469 » Fri Mar 02, 2018 10:55 am

AJSully421 wrote:
longhorn86 wrote:Someone may correct me if I am wrong, but I recall that there are certain offenses against persons that are permanent disqualifiers for LTC regardless of deferred adjudication. Perhaps you could share what your offense was?
411.1711 lists the permanent disqualifiers, and 411.171(1) states that it must be a felony offense. The OP stated that his is a Class A Misdemeanor, so none of 411.1711 applies to him at all.
Thank you very much! This was my understanding as well. As long as the charge was set-aside and dismissed then it should not be a disqualifier.

AJSully, I appreciate it!

For the record, it was in Texas (Dallas). That is the reason i quoted the Texas LTC-16 gun laws.


infoman
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Re: Class A Misdemeanor - Judgement "Set Aside"

#9

Post by infoman » Fri Mar 02, 2018 1:28 pm

You cannot have any class A misdemeanor deferred adjudication in Texas within the past 5 years I promise. You cannot get a true set aside on a deferred adjudication. I will be the one that said “I told you so”. You have to get an order of non-disclosure or expungement. Trust me or don’t trust me. I’m 100% correct on this one.


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dempc6469
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Re: Class A Misdemeanor - Judgement "Set Aside"

#10

Post by dempc6469 » Fri Mar 02, 2018 4:59 pm

infoman wrote:You cannot have any class A misdemeanor deferred adjudication in Texas within the past 5 years I promise. You cannot get a true set aside on a deferred adjudication. I will be the one that said “I told you so”. You have to get an order of non-disclosure or expungement. Trust me or don’t trust me. I’m 100% correct on this one.
Do you mind referencing the sections that state this in LTC-16?


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dempc6469
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Re: Class A Misdemeanor - Judgement "Set Aside"

#11

Post by dempc6469 » Mon Mar 05, 2018 10:29 am

infoman wrote:You cannot have any class A misdemeanor deferred adjudication in Texas within the past 5 years I promise. You cannot get a true set aside on a deferred adjudication. I will be the one that said “I told you so”. You have to get an order of non-disclosure or expungement. Trust me or don’t trust me. I’m 100% correct on this one.
It clearly shows in this attachment that the case was "Disposed by DISM" and the "Judgement Set-Aside".

411.171(4)(C) states the following:

(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.
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