First post and first question about a charge

attila79 · Post by **attila79** » Wed Jan 17, 2007 2:44 pm

I'm a new member and thought I'd drop in and say hi! I am scheduled to take my CHL Feb. 3.

My uncle wants to take the class with me, but he had a aggravated assault charge (felony) 10yrs ago (when he was young and stupid). A lawyer offered his services to take it off for $5000.00, but I don't know if that will do any good in helping him obtain his CHL. Can any body give me some advice if there is a way for him to qualify for one. He is a law abiding citizen and to be honest I was surprised he had that charge until he told me.

Any help or suggestions thanks.....and Great forum!

txinvestigator · Post by **txinvestigator** » Wed Jan 17, 2007 2:57 pm

attila79 wrote:I'm a new member and thought I'd drop in and say hi! I am scheduled to take my CHL Feb. 3.

My uncle wants to take the class with me, but he had a aggravated assault charge (felony) 10yrs ago (when he was young and stupid). A lawyer offered his services to take it off for $5000.00, but I don't know if that will do any good in helping him obtain his CHL. Can any body give me some advice if there is a way for him to qualify for one. He is a law abiding citizen and to be honest I was surprised he had that charge until he told me.

Any help or suggestions thanks.....and Great forum!

Your thread title calls it a conviction, your text calls it a charge. A felony conviction for Aggravated Assault will permeantly ban him from getting a CHL, unless he was a juvenile at the time.

Edit to add; Welcome to the forums.

attila79 · Post by **attila79** » Wed Jan 17, 2007 3:32 pm

txinvestigator .....Thanks for catching that it was a charge not a conviction.

txinvestigator · Post by **txinvestigator** » Wed Jan 17, 2007 3:49 pm

attila79 wrote:txinvestigator .....Thanks for catching that it was a charge not a conviction.

Was he acquitted, charges dropped, what?

attila79 · Post by **attila79** » Wed Jan 17, 2007 4:10 pm

He pleaded no contest. He got some community service and was put on probation. So as far as I know he was not acquitted nor the charges dropped.

srothstein · Post by **srothstein** » Wed Jan 17, 2007 5:58 pm

It sounds like he was placed on deferred adjudication. This is a ban as long as the record exists but if it is expunged, he can get a CHL.

The relevant part of the law is Government Code section 411,171 where it defines conviction:

(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; or
(B) pardoned under the authority of a state or federal official.

txinvestigator · Post by **txinvestigator** » Wed Jan 17, 2007 6:40 pm

srothstein wrote:It sounds like he was placed on deferred adjudication. This is a ban as long as the record exists but if it is expunged, he can get a CHL.

The relevant part of the law is Government Code section 411,171 where it defines conviction:

(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; or
(B) pardoned under the authority of a state or federal official.

What he said.

I will add that an expunction is only possible if the persons charges were dropped or an acquittal was had. The only way a conviction can be expunged is if there is a pardon.

attila79 · Post by **attila79** » Wed Jan 17, 2007 8:13 pm

So can a lawyer really help or will he just be wasting his money.

KBCraig · Post by **KBCraig** » Wed Jan 17, 2007 10:03 pm

attila79 wrote:So can a lawyer really help or will he just be wasting his money.

The first step towards deciding that, will be getting a copy of the final judgement papers from the court, so that he knows what actually happened.

Only then should he ponder spending money on a lawyer.

attila79 · Post by **attila79** » Thu Jan 18, 2007 9:46 am

Thanks guys for your help. I'll let him know and update ya'll when I get more info.

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First post and first question about a charge

First post and first question about a charge

Re: First post and first question about a conviction