Felony assault confusion!

[SoConfused]

I made an account just for this question. I've googled and researched and found all the applicable laws, but guess I'm just too dense to put it together, so feel free to talk to me like I'm stupid because I may well be.

Apparently, I have a felony assault on my record from when I was a horrible 16 year. It was deferred and I've never thought anything of it until recently when I decided to get my LTC.

I'm 35 now with no adult criminal convictions of any kind. I joined the military at 17, bought a rifle at 18 and two handguns in the past 10 years. I've passed background checks to volunteer at elementary schools and in fact, I just ran a background check on myself and it was 100% clear. So, I've never thought I had a felony on record.

However, I recently requested a ride along with a LEO as part of my personal due diligence before getting my LTC and the chief called me personally. "No way", he said. "You've got a felony assault on record and no way you're getting in a car with one of my officers." Well, he was more tactful but you get the point.

Sorry for the rambling, but with that information can anyone give me a clear cut answer? Am I eligible for a LTC? Thanks in advance for any advice!

*Update*
I was just able to determine that my juvenile records are already sealed. However, they are not expunged. This allows certain government entities to still have access to all of the information,

[WildBill]

I made an account just for this question. I've googled and researched and found all the applicable laws, but guess I'm just too dense to put it together, so feel free to talk to me like I'm stupid because I may well be.

Apparently, I have a felony assault on my record from when I was a horrible 16 year old _______-head. It was deferred and I've never thought anything of it until recently when I decided to get my LTC.

I'm 35 now with no adult criminal convictions of any kind. I joined the military at 17, bought a rifle at 18 and two handguns in the past 10 years. I've passed background checks to volunteer at elementary schools and in fact, I just ran a background check on myself and it was 100% clear. So, I've never thought I had a felony on record.

However, I recently requested a ride along with a LEO as part of my personal due diligence before getting my LTC and the chief called me personally. No way, he said you've got a felony assault on record and no way you're getting in a car with one of my officers. Well, he was more tactful but you get the point.

Sorry for the rambling, but with that information can anyone give me a clear cut answer? Am I eligible for a LTC? Thanks in advance for any advice!

Welcome to the forum. I can see why you may be confused.
There are certain felony convictions [even with deferred adjudication] that make a person not eligible for a LTC.

Without more details, there isn't enough information to give a more certain answer.
I suggest contacting the county clerk where the arrest occurred and get a copy of the records to see the actual charge and disposition.
Since you were convicted at age 16 you may also want to contact an attorney to see if your record can be sealed.
I also suggest you read the forum rules, especially Rule #1, before you post again.

[SoConfused]

I made an account just for this question. I've googled and researched and found all the applicable laws, but guess I'm just too dense to put it together, so feel free to talk to me like I'm stupid because I may well be.

Apparently, I have a felony assault on my record from when I was a horrible 16 year old jerk. It was deferred and I've never thought anything of it until recently when I decided to get my LTC.

I'm 35 now with no adult criminal convictions of any kind. I joined the military at 17, bought a rifle at 18 and two handguns in the past 10 years. I've passed background checks to volunteer at elementary schools and in fact, I just ran a background check on myself and it was 100% clear. So, I've never thought I had a felony on record.

However, I recently requested a ride along with a LEO as part of my personal due diligence before getting my LTC and the chief called me personally. No way, he said you've got a felony assault on record and no way you're getting in a car with one of my officers. Well, he was more tactful but you get the point.

Sorry for the rambling, but with that information can anyone give me a clear cut answer? Am I eligible for a LTC? Thanks in advance for any advice!

Welcome to the forum. I can see why you may be confused.
There are certain felony convictions [even with deferred adjudication] that make a person not eligible for a LTC.

Without more details, there isn't enough information to give a more certain answer.
I suggest contacting the county clerk where the arrest occurred and get a copy of the records to see the actual charge and disposition.
Since you were convicted at age 16 you may also want to contact an attorney to see if your record can be sealed.
I also suggest you read the forum rules, especially Rule #1, before you post again.

Thanks for the quick reply! Sorry, I edited the profanity out. I'll start working on getting the records and update when I get them.

[WildBill]

Thanks for the quick reply! Sorry, I edited the profanity out. I'll start working on getting the records and update when I get them.

Good luck!

[Javier730]

Any profanity substitute that gets the profane message across is prohibited!

Still not good enough. I recommend changing the word completely.

[SoConfused]

Any profanity substitute that gets the profane message across is prohibited!

Still not good enough. I recommend changing the word completely.

Doh! Looks like a moderator beat me to it. Refer to my original post about me being "dense" and "stupid".

[Javier730]

If your can buy firearms from FFLs and have not been arrested in the past 5 years, I believe you should be good to go.

[SoConfused]

FYI, I just updated the original post with more pertinent information.

*Update*
I was just able to determine that my juvenile records are already sealed. However, they are not expunged. This allows certain government entities to still have access to all of the information,

[SoConfused]

If your can buy firearms from FFLs and have not been arrested in the past 5 years, I believe you should be good to go.

I certainly hope so. I have already submitted my application, finger prints and completed the classroom portion. Only range qual left to go.

[WildBill]

FYI, I just updated the original post with more pertinent information.

*Update*
I was just able to determine that my juvenile records are already sealed. However, they are not expunged. This allows certain government entities to still have access to all of the information,

Did you sent with your application? Maybe they can see the offense, but not that it was subsequently sealed.

GC §411.171. DEFINITIONS. In this subchapter:

(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.

[SoConfused]

FYI, I just updated the original post with more pertinent information.

*Update*
I was just able to determine that my juvenile records are already sealed. However, they are not expunged. This allows certain government entities to still have access to all of the information,

Did you sent with your application? Maybe they can see the offense, but not that it was subsequently sealed.

GC §411.171. DEFINITIONS. In this subchapter:

(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.

I read that, but also remember something about it no applying to certain titles and chapters. I looked up those chapters and one of them was concerning assault. Soooooo much confusion trying to follow the law threads. I need to write an outline!
Unfortunately, I didn't discover this until after I submitted. My plan right now it to wait for response and provide supporting documents if it comes up, but also pursue it being expunged in the meantime. Even if I don't need it expunged, I guess it can't hurt to have something so embarrassing permanently destroyed.

[SoConfused]

So I texted my attorney last night about expunction and his first thought is its not possible, but I told him to check anyway and if nothing else, secure copies of all available records. Unless he's mistaken, which is possible, I may have no action available to me other than wait and see what happens. Funny, if I text him during normal hours, I can't get him. But Saturday night? No problem!

[SoConfused]

Quick update. I just did my range qualification yesterday and all paperwork is turned in. Got 50 out of 50 on target center. Easiest test ever!

My attorney discovered that my juvenile record is sealed to the public. We're now petitioning the court to completely seal it. It will still exist, but government agencies will no longer have access to it and I can legally claim it never happened. Hopefully my LTC will go through, but if it doesn't, at least it looks like I will have this taken care of and be able to appeal. I'll update as I learn more. Thanks!

[ELB]

Good luck and keep us posted.

[Glockedandlocked]

Even if the offense occurred as a juvenile, certain records even if "sealed" are available to law enforcement agencies for investigative purposes.

What you probably need is expungement.

If the charge was a felony level assault, you will need to consult an attorney and see what your options are about getting it cleared.

If you can purchase firearms already then there should be some level of relief available to you.