CHL and Deferred Adjudication

[paul1982]

Hello and thanks to everyone in advance for answering.

In mid-2009 I entered a deferred adjudication agreement for Distribution of a controlled substance and forcible sodomy (although that charge was dismissed prior to entering the agreement as the DA found it not credible, which was correct.) The whole situation was a case of "wrong place, wrong time, untrustworthy lying people." This was in Oklahoma. My DA-unsupervised probation was for 3 years on the controlled substance charge. I completed my probationary period slightly more than one year ago. The charges were then withdrawn, dismissed and the records of the case were sealed. My background investigation still lists the arrests with the notation "Charges Dismissed," as i was told they would. I have been told by the DA's office that they can furnish no information, nor can the court as the case has been sealed.

Since this time (in fact, since the time the offense took place in 2004) I have been a "model citizen," holding a job, voting, and the worse offense I have committed was a ticket for a broken taillight 6 months ago. I have purchased long guns since the case was dismissed with no problems what so ever. I am currently in the process of relocated back to North Texas from New York, (yes, mostly because of the NY SAFE gun act and high taxes)

I looked on the Texas CHL website and found very little information on this subject so I had a few questions I was hoping you ladies and gentlemen could answer for me:
1. What are my chances of being approved for a TX CHL?
2. Are there any steps that can be taken to improve my chances?
3. I have heard of waiting periods for such things as deferred adjudication. Does this apply and what is the waiting period?
4. Alterately, is there any way to have the arrest voided, or taken off of my record in some way? (although i would like to avoid this, as attorneys are expensive)
5. I am planning on obtaining a C&R FFL and have been told my chances of being approved are quite good. Does having an FFL have any bearing on the application?

Any information, or tips anyone might be able to provide would be greatly appreciated. Thank you


UPDATE: I forgot to mention, the case is considered an expungement under Oklahoma Section 991c, and as such the report of the arrest states "Plead not guilty - Case Dismissed."

[dukalmighty]

I believe you may need to get all the paperwork from the court you can such as the arrest and case disposition record to send in with the CHL application,I had some misdemeanor charges expunged back in the mid 90's the arrest showed up and I had to submit the court records showing the arrest and case disposition guilty/not guilty/

[Charles L. Cotton]

I'm headed to the courthouse, but I'll respond when I get back, if someone hasn't already given you an answer on your other questions.

Chas.

[Keith B]

I will try to help until Charles can respond.

It will all depend on the actual disposition of your case. If it is truly differed adjudication, then there are some stipulations. Deferred adjudication is treated as a conviction for a Texas CHL and will disqualify you for the most part on a felony conviction. However, there is an exception:

§ 411.1711 CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by § 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for an offense under Title 5, Penal Code, or Chapter 29, Penal Code Section 25.07, Penal Code or Section 30.02(c)(2) or (d) Penal Code.

Now, title 5 and the others deal with 'Crimes against the person' and the forcible sodomy charge if showing deferred adjudication would make you ineligible. The controlled substance charge if deferred would make you ineligible from the date the order of deferred adjudication was entered against you, which would be 10 years from 2009 (2019).

Now, on the other hand, if all charges were dropped and your record truly expunged, then you may be eligible if the record shows clear.

Bottom line, you need to get a letter from the court clerk in Oklahoma where the charges were placed showing the final disposition. They should be able to provide you one or if they say there is nothing that shows up, then get them to send you a letter stating that nothing shows on your record.

Once you have that letter, if it shows no convictions or no deferred adjudication, then you should be good to go to submit. You would still need to list the arrests on your application, along with any other arrests where you were photographed and fingerprinted, but just include the letter showing no records exist along with your paperwork for the application.

Charles may have more info or clarification once he gets back on line.

Hope that helps!

[paul1982]

I was told the record was sealed. Will the court still write a letter, even if it is a letter stating no information exists? Who excactly would I write to about that? A judge, the clerk, the DA's office?

[Keith B]

I was told the record was sealed. Will the court still write a letter, even if it is a letter stating no information exists? Who excactly would I write to about that? A judge, the clerk, the DA's office?

The Court Clerk in the county where you were charged should be able to provide you a letter of disposition or one that states no records exist.

[paul1982]

I was told the record was sealed. Will the court still write a letter, even if it is a letter stating no information exists? Who excactly would I write to about that? A judge, the clerk, the DA's office?

The Court Clerk in the county where you were charged should be able to provide you a letter of disposition or one that states no records exist.

Thank you. Would I have a greater chance of a sucessful application if i had an attorney to assist me with all of this?

[paul1982]

I'm headed to the courthouse, but I'll respond when I get back, if someone hasn't already given you an answer on your other questions.

Chas.

That would be great, thank you. The more input i can get, the better off i'll be.

[Keith B]

I was told the record was sealed. Will the court still write a letter, even if it is a letter stating no information exists? Who excactly would I write to about that? A judge, the clerk, the DA's office?

The Court Clerk in the county where you were charged should be able to provide you a letter of disposition or one that states no records exist.

Thank you. Would I have a greater chance of a sucessful application if i had an attorney to assist me with all of this?

Charles will help assist you and is an attorney. However, you will need a letter on the disposition no matter what, so I would see what you can get from the court clerk. Once you have that in hand, if it states anything other than no records found, then you will need to dig a little deeper and see how it affects you. One thing to know is that sealed records don't necessarily mean no conviction.

[texanjoker]

I was told the record was sealed. Will the court still write a letter, even if it is a letter stating no information exists? Who excactly would I write to about that? A judge, the clerk, the DA's office?

Have you requested your criminal history? I see time and time again people tell me on investigations that something should be expunged and I show the print out to them. It often takes work on their part to clear it up.

[paul1982]

I was told the record was sealed. Will the court still write a letter, even if it is a letter stating no information exists? Who excactly would I write to about that? A judge, the clerk, the DA's office?

Have you requested your criminal history? I see time and time again people tell me on investigations that something should be expunged and I show the print out to them. It often takes work on their part to clear it up.

No, I haven't. How does one go about requesting their criminal history?

[paul1982]

Will letters of support from aquantinces help anything? I know in some states they are required. But would they have any sway on whoever makes the decision?

[Keith B]

Will letters of support from aquantinces help anything? I know in some states they are required. But would they have any sway on whoever makes the decision?

Nope. Stick to legal documents and the letter from the court clerk.

[Charles L. Cotton]

I was told the record was sealed. Will the court still write a letter, even if it is a letter stating no information exists? Who excactly would I write to about that? A judge, the clerk, the DA's office?

Have you requested your criminal history? I see time and time again people tell me on investigations that something should be expunged and I show the print out to them. It often takes work on their part to clear it up.

No, I haven't. How does one go about requesting their criminal history?

Call me at 713-228-0700. I have a meeting at 2:00pm and will be leaving at 1:30pm.

Chas.

[paul1982]

What about getting a non-resident permit from Florida, Utah or Virginia? would any of them be easier?