Denial Letter: Failed to qualify under eligability criteria...

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elephant007
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Denial Letter: Failed to qualify under eligability criteria...

#1

Post by elephant007 » Thu Jul 05, 2018 5:06 pm

Just received a letter indicating that I failed to qualify under eligibility criteria listed in Government Code § 411.172(a) more specifically § 411.172(a)(3). I successfully completed deferred adjudication disposition in September of 1996.
I though that § 411.1711 https://statutes.capitol.texas.gov/Docs ... tm#411.117 would give me the eligibility to be issued a permit.
Do I have good case to win an appeal based upon this code? I can provide more specifics if needed.

Any help would be grately appreciated.

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ScottDLS
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Re: Denial Letter: Failed to qualify under eligability criteria...

#2

Post by ScottDLS » Thu Jul 05, 2018 5:12 pm

What was the felony DA for? Certain felonies even if cleared by DA are still bar to eligibility.
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!!!!"


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elephant007
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Re: Denial Letter: Failed to qualify under eligability criteria...

#3

Post by elephant007 » Thu Jul 05, 2018 5:17 pm

Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle

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ScottDLS
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Re: Denial Letter: Failed to qualify under eligability criteria...

#4

Post by ScottDLS » Thu Jul 05, 2018 5:34 pm

elephant007 wrote:
Thu Jul 05, 2018 5:17 pm
Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle
Looks to me like you’re qualified. Did you submit the successful completion paperwork for your Deferral? Maybe it showed up as an arrest without disposition so they assumed you were convicted. I also believe you may be able to get it expunged, but that shouldn’t really be necessary.
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!!!!"


bblhd672
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Re: Denial Letter: Failed to qualify under eligability criteria...

#5

Post by bblhd672 » Thu Jul 05, 2018 5:36 pm

In what state did the felony unauthorized use occur?


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elephant007
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Re: Denial Letter: Failed to qualify under eligability criteria...

#6

Post by elephant007 » Thu Jul 05, 2018 5:41 pm

ScottDLS wrote:
Thu Jul 05, 2018 5:34 pm
elephant007 wrote:
Thu Jul 05, 2018 5:17 pm
Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle
Looks to me like you’re qualified. Did you submit the successful completion paperwork for your Deferral? Maybe it showed up as an arrest without disposition so they assumed you were convicted. I also believe you may be able to get it expunged, but that shouldn’t really be necessary.
Excellent! I did not provide this information initially, I did it all online and just provided my arrest record.
I will go to the County Courthouse tomorrow and get the required paperwork so I can have it when I have my hearing for appeal.

What do you recommend I get from the courthouse?
bblhd672 wrote:
Thu Jul 05, 2018 5:36 pm
In what state did the felony unauthorized use occur?

The incident happend in Texas


orangetx
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Re: Denial Letter: Failed to qualify under eligability criteria...

#7

Post by orangetx » Thu Jul 05, 2018 6:05 pm

Be sure to get a notary signed document saying the DA have been served and you are released. If it’s a felony you need to go in person, if a misdemeanor they can email it to you.

That’s my story, I gave it all up front for the stream line reason. But I’m still on the wait list, so hopefully this weekend :totap:
Who the hell’s interrupting my Kung Fu?!

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