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by WildBill
Sat Feb 13, 2016 6:24 pm
Forum: General Texas CHL Discussion
Topic: Felony assault confusion!
Replies: 40
Views: 8601

Re: Felony assault confusion!

SoConfused wrote: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.
by WildBill
Sat Feb 13, 2016 5:25 pm
Forum: General Texas CHL Discussion
Topic: Felony assault confusion!
Replies: 40
Views: 8601

Re: Felony assault confusion!

SoConfused wrote: 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.
:thumbs2: Good luck!
by WildBill
Sat Feb 13, 2016 5:02 pm
Forum: General Texas CHL Discussion
Topic: Felony assault confusion!
Replies: 40
Views: 8601

Re: Felony assault confusion!

SoConfused wrote::confused5 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 shit-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. :tiphat:

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