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by cxm
Sun Jun 03, 2007 3:23 pm
Forum: General Texas CHL Discussion
Topic: Expungement Delimma
Replies: 45
Views: 8984

Re: Of Coruse

Jeff,

I expect the JP agrees with the DPS because the JP is seldom an attorney and from what I have seen they seldom have the legal knowledge to feel comfortable in challenging state lawyers... plus they KNOW the DPS will appeal to the County Law Court if the decision goes against the DPS... and JPs don't like that a lot either.

JPs seem pretty obsolete to me, though I do think the concept of a citizen judge is very sound... they just need a lot more training...

FWIW

Chuck

txinvestigator wrote:
cxm wrote:Of course the JP ALWAYS agrees with the DPS....

V/r

Chuck


Why? DPS is not a voter in that county.

Man, lots of people sure have trouble with authority. It must be a conspiracy.............. :willynilly: :roll:
by cxm
Mon May 28, 2007 7:09 pm
Forum: General Texas CHL Discussion
Topic: Expungement Delimma
Replies: 45
Views: 8984

Of Coruse

Of course the JP ALWAYS agrees with the DPS....

V/r

Chuck

txinvestigator wrote:
frankie_the_yankee wrote:
txinvestigator wrote:
KungFu wrote:Cut & Pasted from the DPS website...
http://www.txdps.state.tx.us/administra ... chlaws.htm

GC §411.171. DEFINITIONS

(4) "Convicted" means an adjudication of guilt or 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; or

(B) pardoned under the authority of a state or federal official.
As I wrote, In Texas an Expunction is not available for convictions. Since you WERE convicted, you are not eligible in Texas.
TXI, from where I sit it seems like you're reading this wrong.
The fact that DPS denied him is De Facto evidence that is not the case.

If he had a hearing, it was done in a JP Court in his county as per TGC, 411.180 (a). It appears the JP agreed with DPS and me.

Of course, within 30 days of the JP ruling, he can appeal to County Court at Law. (TGC 411.180 (e))

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