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by 4x4given
Thu Sep 01, 2011 8:13 pm
Forum: General Texas CHL Discussion
Topic: Am I Disqualified from CHL in Texas?
Replies: 19
Views: 4048

Re: Am I Disqualified from CHL in Texas?

Might want to read these:

Texas Department of Public Safety - read the section titled "Expunction of criminal history record information & related issues"
http://www.txdps.state.tx.us/administra ... ecords.htm" onclick="window.open(this.href);return false;

Here is the Texas CODE OF CRIMINAL PROCEDURETITLE 1. CODE OF CRIMINAL PROCEDURECHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS
http://www.statutes.legis.state.tx.us/D ... .htm#55.01" onclick="window.open(this.href);return false;

Of particular interest is this:
Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

In short... it depends. If you qualify, yes, you can get your record expunged.

Now some will say yeah, but Federally speaking you still can't own a gun. Short answer... it depends. If you have a qulaifying conviction expunged, then yes, you can own a firearm. Also, Federal laws typically defer to state law regarding this matter.

Here is the link to the United States Code for 18 USC CHAPTER 44 - FIREARMS
http://uscode.house.gov/download/pls/18C44.txt" onclick="window.open(this.href);return false;

Now... if you read through all of that.... consider this:

The BATF says:
"In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.
[18 U.S.C. 921(a)(33), 27 CFR 478.11]"


Whew... One more item. I AM NOT A LAWYER and this is NOT LEGAL ADVICE. :)

Cheers!

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