LTC after post conviction relief
Posted: Sun Mar 26, 2017 11:43 am
Howdy folks,
I have a question about obtaining an LTC in TX after receiving post conviction relief in CA.
26 years ago I got caught up in a situation I shouldn't have been in. I was convicted of CA Health and Saftey Code violation 11360(a) a felony with a plea bargain that said that after 12 months, the charge/conviction could be reduced to a misdemeanor possession charge 11357(a) HS. In 2000, I finally filed a PC 17(b) motion that reduces the felony charge to misdemeanor "for all purposes" ( http://leginfo.legislature.ca.gov/faces ... awCode=PEN ). Under CA law this restores the right to purchase and possess firearms. The charge was then set aside, the plea of Guilty was withdrawn, a plea of Not Guilty was entered, and the case was dismissed. This is the closest we get to expungement in CA.
With regards to the 4473 form, this means, post PC 17(b), that we report we have never been convicted of a felony.
After reading the definition of "conviction" in Texas handgun laws:
(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.
It would seem the same would apply for the LTC license.
Am I accurate in my reading, or am I missing something?
I have a question about obtaining an LTC in TX after receiving post conviction relief in CA.
26 years ago I got caught up in a situation I shouldn't have been in. I was convicted of CA Health and Saftey Code violation 11360(a) a felony with a plea bargain that said that after 12 months, the charge/conviction could be reduced to a misdemeanor possession charge 11357(a) HS. In 2000, I finally filed a PC 17(b) motion that reduces the felony charge to misdemeanor "for all purposes" ( http://leginfo.legislature.ca.gov/faces ... awCode=PEN ). Under CA law this restores the right to purchase and possess firearms. The charge was then set aside, the plea of Guilty was withdrawn, a plea of Not Guilty was entered, and the case was dismissed. This is the closest we get to expungement in CA.
With regards to the 4473 form, this means, post PC 17(b), that we report we have never been convicted of a felony.
After reading the definition of "conviction" in Texas handgun laws:
(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.
It would seem the same would apply for the LTC license.
Am I accurate in my reading, or am I missing something?