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Class A Misdemeanor - Judgement "Set Aside"

Posted: Thu Mar 01, 2018 5:37 pm
by dempc6469
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

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Thu Mar 01, 2018 5:43 pm
by ScottDLS
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.

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Thu Mar 01, 2018 6:02 pm
by dempc6469
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!

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Fri Mar 02, 2018 7:52 am
by longhorn86
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?

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Fri Mar 02, 2018 8:28 am
by infoman
You have to be much more detailed. What state? What county? What was the charge? (DWI, Assault, Poss of Marij, reckless driving?)

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Fri Mar 02, 2018 10:10 am
by AJSully421
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.

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Fri Mar 02, 2018 10:36 am
by AJSully421
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.

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Fri Mar 02, 2018 10:55 am
by dempc6469
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.

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Fri Mar 02, 2018 1:28 pm
by infoman
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.

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Fri Mar 02, 2018 4:59 pm
by dempc6469
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?

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Mon Mar 05, 2018 10:29 am
by dempc6469
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.

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Wed Oct 24, 2018 9:59 pm
by infoman
Sorry but you can’t set aside a deferred adj., you can only set aside a straight conviction. I’m willing to bet this was Dallas Co., they are notorious for misusing “set aside” wording.

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Thu Oct 25, 2018 9:06 am
by The Annoyed Man
infoman wrote:
Wed Oct 24, 2018 9:59 pm
Sorry but you can’t set aside a deferred adj., you can only set aside a straight conviction. I’m willing to bet this was Dallas Co., they are notorious for misusing “set aside” wording.
He said above that it was in Dallas. Can you please expand on what you’re saying about Dallas Co misusing wording?

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Thu Oct 25, 2018 9:27 am
by Mike S
infoman wrote:
Wed Oct 24, 2018 9:59 pm
Sorry but you can’t set aside a deferred adj., you can only set aside a straight conviction. I’m willing to bet this was Dallas Co., they are notorious for misusing “set aside” wording.
Class A Misdemeanors have a 5 year ineligibility. Since his was 24 Jan 2014, would he be eligible to apply after 24 Jan 2019?

Re: Class A Misdemeanor - Judgement "Set Aside"

Posted: Thu Oct 25, 2018 12:57 pm
by BBYC
After more than seven months, he probably already took the class or gave up, but maybe he'll come back and post an update.