TexasCHLforum.com

mikeloc wrote:

baron wrote:

mikeloc wrote:It made be cheaper than having it expunged. But if it is expunged even it shows up to DPS they it would not disqualify you.

He's past the 5 year mark for misdemeanors so if he can legally buy a firearm from a FFL what's the problem for TX CHL?

According to the ATF if the offense is a domestic violence offense it does not matter weather it's a felony or misdemeanor. Once convicted you're banned under federal law for life. However if he was not convicted than there should not be a problem buying a gun or getting a Texas CHL, but if there is any doubt and you can get the arrest expunged it's something to consider. Again I'm not a lawyer and I agree if he can buy a firearm through 4473 he will probably qualify for Texas CHL. In the last century he could've called DPS and they would tell him weather or not the incident as stated would keep him from getting his license.

Mike

Mike you are correct, a CONVICTION for a DV is a dis-qualifier for possession of a firearm under federal law regardless of the category of the conviction. However, the OP received deferred. The question is if the deferred is a conviction in LA for federal purposes. Since he can buy from a dealer, I believe he is not ineligible for a Texas CHL.

Agree?

Keith B wrote:The problem is this was a domestic violence offense which is a permanent disqualification. As stated, you need to look into getting this officially expunged from your record.

Keth, isn't a domestic violence conviction only a permanent disqualification if it is a felony? Misdemeanor conviction would only make him ineligible for 5 years. I say that because he was given deferred adjudication, which does not disqualify him under federal law.

Or am I missing something

cb1000rider wrote:I can't recommend, however the board owner Charles may be able to refer you.

Before you go that route:
Your 894 equates to a deferral in Texas and the deferral makes you ineligible per Texas law, my advice would be to seek expungement in Louisiana. Note, I'm not an attorney. I'm not sure that you can go up against the laws that are on the books.

His deferral only makes him ineligible if it was a felony, right? That is why I asked him about the potential penalty had he been convicted. If he could have been given over a year, then Texas treats it like a felony.

An 894 is NOT basically an expunction, but we have covered that.

Best of luck to you

WildBill wrote:

jbarn wrote:

cck781 wrote:If I recall correctly I plead Article 894. I did do a period of probation but I don't recall how long it was. From what I understood Article 894 is pretty much the same thing as being expunged. Clerk of Court in Louisiana said the arrest should not show on the FBI report, but it's there. Something in the process must of went wrong because the disposition was removed but not the arrest. Had it been removed I don't think I would have any issues because it would not exist in any database.

jbarn wrote:

cck781 wrote:Newbie here with an eligibility question. I'm wanting to apply soon but I want to make sure everything with my background is good before I do so. I've done a check online with the DPS website and nothing was found. I also ordered a FBI criminal history check. The only thing that shows up with the FBI is a 2006 arrest from Louisiana for domestic violence however they show no disposition. I have verified with the reporting clerk of court in Louisiana that the final disposition of the case was listed as set aside/dismissed in their records, they are sending me a certified copy of the disposition. If I supply the DPS with all the supporting documentation will the DV charge disqualify me? Thanks in advance for your responses.

Only a conviction will disqualify you. If the dismissal was a result of a deferred adjudication then it is a conviction for CHL purposes.

Was the case outright dismissed before you entered a plea, or did you plead no contest and serve a period of probation before the dismissal?

Based on reading 894 it is not an expunction. 894 is Deferred Adjudication in LA, and it is my opinion Texas will treat it as such. Since Texas treats deferred's as convictions I believe Texas will treats yours as such. Was the potential penalty for the domestic violence more than 1 year? If so,(and I am correct) then you are ineligible permanently for a CHL. If it was punishable by 1 year or less then you would be eligible 5 years from the date you were placed on probation.

Remember that I am not a lawyer. This is based solely on my cursory reading of the LA section you referenced.

I am certain that of Texas treats it like a deferred then I am correct. What I am not sure of is if Texas will treat it as a deferred, but I strongly believe they will.

Edit; I see WildBill found information while I was typing. Based on that, I revise my answer. Your eligibility will depend on the level of the offense.

Based on the fact that it is domestic violence, I don't think the level will matter. IANAL either.

Yeah, I was thinking about that. Misdemeanors are only going to make him ineligible in Texas for 5 years for a CHL, but under federal law a conviction for any level of DV will make him prohibited to posses a firearm; therefore, ineligible for a Texas CHL. However, in Texas a deferred is not a conviction for federal purposes. I have no idea about LA.

cck781 wrote:If I recall correctly I plead Article 894. I did do a period of probation but I don't recall how long it was. From what I understood Article 894 is pretty much the same thing as being expunged. Clerk of Court in Louisiana said the arrest should not show on the FBI report, but it's there. Something in the process must of went wrong because the disposition was removed but not the arrest. Had it been removed I don't think I would have any issues because it would not exist in any database.

jbarn wrote:

cck781 wrote:Newbie here with an eligibility question. I'm wanting to apply soon but I want to make sure everything with my background is good before I do so. I've done a check online with the DPS website and nothing was found. I also ordered a FBI criminal history check. The only thing that shows up with the FBI is a 2006 arrest from Louisiana for domestic violence however they show no disposition. I have verified with the reporting clerk of court in Louisiana that the final disposition of the case was listed as set aside/dismissed in their records, they are sending me a certified copy of the disposition. If I supply the DPS with all the supporting documentation will the DV charge disqualify me? Thanks in advance for your responses.

Only a conviction will disqualify you. If the dismissal was a result of a deferred adjudication then it is a conviction for CHL purposes.

Was the case outright dismissed before you entered a plea, or did you plead no contest and serve a period of probation before the dismissal?

Based on reading 894 it is not an expunction. 894 is Deferred Adjudication in LA, and it is my opinion Texas will treat it as such. Since Texas treats deferred's as convictions I believe Texas will treats yours as such. Was the potential penalty for the domestic violence more than 1 year? If so,(and I am correct) then you are ineligible permanently for a CHL. If it was punishable by 1 year or less then you would be eligible 5 years from the date you were placed on probation.

Remember that I am not a lawyer. This is based solely on my cursory reading of the LA section you referenced.

I am certain that of Texas treats it like a deferred then I am correct. What I am not sure of is if Texas will treat it as a deferred, but I strongly believe they will.

Edit; I see WildBill found information while I was typing. Based on that, I revise my answer. Your eligibility will depend on the level of the offense.

cck781 wrote:Newbie here with an eligibility question. I'm wanting to apply soon but I want to make sure everything with my background is good before I do so. I've done a check online with the DPS website and nothing was found. I also ordered a FBI criminal history check. The only thing that shows up with the FBI is a 2006 arrest from Louisiana for domestic violence however they show no disposition. I have verified with the reporting clerk of court in Louisiana that the final disposition of the case was listed as set aside/dismissed in their records, they are sending me a certified copy of the disposition. If I supply the DPS with all the supporting documentation will the DV charge disqualify me? Thanks in advance for your responses.

Only a conviction will disqualify you. If the dismissal was a result of a deferred adjudication then it is a conviction for CHL purposes.

Was the case outright dismissed before you entered a plea, or did you plead no contest and serve a period of probation before the dismissal?