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Expunged Record - Can I get a CHL

Posted: Thu Jan 26, 2017 9:36 pm
by trexwithagun
Charged with a felony in 1995. Given 10 years deferred adjudication. Completed in 2001. Had my record expunged about 6 months ago. No other convictions. Am I able to get a CHL? Nothing shows up when I do a criminal record search via DPS website. Don't want to throw away a bunch of money only to be told no.

Thanks

Re: Expunged Record - Can I get a CHL

Posted: Thu Jan 26, 2017 10:17 pm
by AJSully421
Yes.

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 1:01 am
by Javier730
Yes.

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 1:25 am
by AJSully421
Javier730 wrote:Yes.
Hey, is there an echo in here?

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 4:40 am
by infoman
What was the exact charge?

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 11:16 am
by trexwithagun
infoman wrote:What was the exact charge?

Unfortunately I grew up in a bad part of town and hung out with the wrong ppl. I was 18, I fired a gun in the air as a warning when some guys tried to jump me. They called the police and I was charged with assault with a deadly weapon. Plead no contest. That's was 21 years ago. Only problem in my life and I quickly got out of that environment. I'm even a state government employee for the State of Texas last 7 years. Never been in trouble except for that one incident.

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 11:22 am
by twomillenium
If you are unable to get a LTC, that should not be the reason why. So, the answer to that question is Yes.

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 12:42 pm
by Charles L. Cotton
trexwithagun wrote:Charged with a felony in 1995. Given 10 years deferred adjudication. Completed in 2001. Had my record expunged about 6 months ago. No other convictions. Am I able to get a CHL? Nothing shows up when I do a criminal record search via DPS website. Don't want to throw away a bunch of money only to be told no.

Thanks
Was the offense and expungement in Texas? That can make a difference.

Chas.

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 1:46 pm
by trexwithagun
Charles L. Cotton wrote:
trexwithagun wrote:Charged with a felony in 1995. Given 10 years deferred adjudication. Completed in 2001. Had my record expunged about 6 months ago. No other convictions. Am I able to get a CHL? Nothing shows up when I do a criminal record search via DPS website. Don't want to throw away a bunch of money only to be told no.

Thanks
Was the offense and expungement in Texas? That can make a difference.

Chas.

Yes. The offense and expungement both occurred in Texas.

Re: Expunged Record - Can I get a CHL

Posted: Fri Jan 27, 2017 6:34 pm
by Charles L. Cotton
trexwithagun wrote:
Charles L. Cotton wrote:
trexwithagun wrote:Charged with a felony in 1995. Given 10 years deferred adjudication. Completed in 2001. Had my record expunged about 6 months ago. No other convictions. Am I able to get a CHL? Nothing shows up when I do a criminal record search via DPS website. Don't want to throw away a bunch of money only to be told no.

Thanks
Was the offense and expungement in Texas? That can make a difference.

Chas.

Yes. The offense and expungement both occurred in Texas.
Then you should be fine. Texas has a very tight standard as to what constitutes an expungement.

Chas.

Re: Expunged Record - Can I get a CHL

Posted: Mon Jan 30, 2017 12:16 pm
by trexwithagun
Charles L. Cotton wrote:
trexwithagun wrote:
Charles L. Cotton wrote:
trexwithagun wrote:Charged with a felony in 1995. Given 10 years deferred adjudication. Completed in 2001. Had my record expunged about 6 months ago. No other convictions. Am I able to get a CHL? Nothing shows up when I do a criminal record search via DPS website. Don't want to throw away a bunch of money only to be told no.

Thanks
Was the offense and expungement in Texas? That can make a difference.

Chas.

Yes. The offense and expungement both occurred in Texas.
Then you should be fine. Texas has a very tight standard as to what constitutes an expungement.

Chas.
Hi Charles, thanks!

I just realized that "expunged" and "order of non-disclosure" are not the same things... :oops:

Would I still be eligible with an "order of non-disclosure". Sorry for the mix-up in terminology.

Re: Expunged Record - Can I get a CHL

Posted: Mon Jan 30, 2017 2:31 pm
by Charles L. Cotton
trexwithagun wrote:
Charles L. Cotton wrote:
trexwithagun wrote:
Charles L. Cotton wrote:
trexwithagun wrote:Charged with a felony in 1995. Given 10 years deferred adjudication. Completed in 2001. Had my record expunged about 6 months ago. No other convictions. Am I able to get a CHL? Nothing shows up when I do a criminal record search via DPS website. Don't want to throw away a bunch of money only to be told no.

Thanks
Was the offense and expungement in Texas? That can make a difference.

Chas.

Yes. The offense and expungement both occurred in Texas.
Then you should be fine. Texas has a very tight standard as to what constitutes an expungement.

Chas.
Hi Charles, thanks!

I just realized that "expunged" and "order of non-disclosure" are not the same things... :oops:

Would I still be eligible with an "order of non-disclosure". Sorry for the mix-up in terminology.
I don't know of any case law on this issue, but a DPS represented to the judge in one of my LTC appeals that an order of non-disclosure would render my client eligible.

Chas.

Re: Expunged Record - Can I get a CHL

Posted: Fri Feb 03, 2017 4:25 am
by infoman
A non-disclosure order in Texas (for a Texas charge) makes you eligible.

Re: Expunged Record - Can I get a CHL

Posted: Sat Feb 04, 2017 9:51 am
by Javier730
AJSully421 wrote:
Javier730 wrote:Yes.
Hey, is there an echo in here?
Hey, is there an echo in here? :biggrinjester:

Re: Expunged Record - Can I get a CHL

Posted: Sun Feb 05, 2017 9:36 am
by AJSully421
Charles L. Cotton wrote:
trexwithagun wrote:
Charles L. Cotton wrote:
trexwithagun wrote:
Charles L. Cotton wrote:
trexwithagun wrote:Charged with a felony in 1995. Given 10 years deferred adjudication. Completed in 2001. Had my record expunged about 6 months ago. No other convictions. Am I able to get a CHL? Nothing shows up when I do a criminal record search via DPS website. Don't want to throw away a bunch of money only to be told no.

Thanks
Was the offense and expungement in Texas? That can make a difference.

Chas.

Yes. The offense and expungement both occurred in Texas.
Then you should be fine. Texas has a very tight standard as to what constitutes an expungement.

Chas.
Hi Charles, thanks!

I just realized that "expunged" and "order of non-disclosure" are not the same things... :oops:

Would I still be eligible with an "order of non-disclosure". Sorry for the mix-up in terminology.
I don't know of any case law on this issue, but a DPS represented to the judge in one of my LTC appeals that an order of non-disclosure would render my client eligible.

Chas.
A buddy of mine had a burglary of a habitation DA (lifetime disqual) but after it was non-disclosed, he was eligible.

So it even knocks out those crimes in 411.1711.