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!!!!"

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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


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

#8

Post by elephant007 » Thu Oct 11, 2018 6:40 pm

I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.


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

#9

Post by WildRose » Fri Oct 12, 2018 4:37 am

elephant007 wrote:
Thu Oct 11, 2018 6:40 pm
I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.
Unfortunately that's probably your best option. When a lawyer is on the case they will at least take notice whereas if you keep trying this on your own it could go on for months, a year, or longer.
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mojo84
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Re: Denial Letter: Failed to qualify under eligability criteria...

#10

Post by mojo84 » Fri Oct 12, 2018 6:50 am

elephant007 wrote:
Thu Oct 11, 2018 6:40 pm
I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.
I would contact my legislative rep before hiring an attorney. He/she may be able to prompt things along if the delay has been unreasonably long.

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

#11

Post by Beiruty » Fri Oct 12, 2018 7:06 am

As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.
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Re: Denial Letter: Failed to qualify under eligability criteria...

#12

Post by infoman » Sun Oct 14, 2018 7:48 pm

You mentioned you had a felony deferred adjudication in Texas & the charge was unauthorized use of motor vehicle correct? What was the date you were given the deferred adjudication? (not date you completed it). & what County?

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