TexasCHLforum.com

KLB wrote:

Is "expuncted" a proper legal term?

The term is "expunged."

Captain Matt wrote:

Keith B wrote:OK, while you may be correct, until the OP comes back and says what the disposition is you can't 100% say that they got a deferred adjudication. So at this point let's wait until he comes back with the answer to confirm it.

Agreed. He can't say 100% it is DA but neither can you say 100% it isn't. The disposition document is the only way to know.

However, until the OP knows for sure, I think he should be very careful about carrying a firearm.

RonW956 wrote:Hi guys, thank you & yes, I'm glad I found this forum.

Although I'm not a lawyer, but the fact that they had him sign a form tells me that it was more than a simple dismissal... there was a "condition" in there... on the condition of staying trouble free for 90 days. when there is a form that the court has you sign with a condition in it, that my friend is called a deferred adjudication. They may have called it a "deferred disposition agreement" however its basically the same thing.

If it was a dismissal... he would have walked out the court and not sign a thing. Like I said, the OP's main priority right now should not be a CHL, it should be focused on getting that arrest record & court disposition expuncted.

From the DPS website " If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL"

I will add, that the OP will be able to reapply for his CHL after 5 yrs of being convicted of a class B misdemeanor in Texas, but that really depends on the type of charge. for Domestic violence? nope... you wont be able to get one. That is why he must right NOW get that record expuncted... I do believe that he qualifies for that.