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Went to court today.

Judge said she needed more time to research the issue before making her dicision.

I met with the lawyer for DPS, she was really a nice lady. She gave me lots of insight.

Apparently, back in 2009, the head lawyer's opinion was just like mine. She said she had to follow suit and she apologized for his mistake.

She kept citing section 20 of the code of criminal procedures in Texas's criminal statues.

She said that if I had a guilty plea on file and it was then set aside, we wouldn't be at court.

I explained to the judge that based on the Killard case, then Rep Vought's addition of H.B. 2370 and what it meant, the judge too questioned why my "set-aside," was not valid.

I'll keep the board posted and I will post all info after the case is resolved.

My court date is in two weeks.

I also obtained my Florida permit.

I talked to them today.

Apperently they are setting a court date in a JP court in my county.

I'll keep the board updated.

No action thus far. Still waiting.

Here is some clarification:

First, go to the court clerk where your file was handled and ask for the complete record.

The final action is what you are looking for.

In my case, I agreed to a NAOG. Meaning, I had 6 months of unsupervised probation with a small fine Class A misdemeanor. After I completed it, a motion to "set aside," the charge was put in and my final disposition is DISM.

On the court document itself, the words, "set aside," are in there clear as day.

Under Texas code 411.172(8) "has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code"

Under Texas code 411.171(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."

Let me break down 411.171(4) In some deferred adjudication cases, they are simply discharged from community supervision, DSCH.

In my case, after my probation was completed, the judge ordered my entire case, including the deferred adjudication be set aside. Resulting in a non conviction or in other words, DISM or full dismissal. Same as a winning with a jury or the district attorney dropping the charges.

The reason 411.171(4)c is stated as vacated, set aside, annulled, invalidated, voided, or sealed was because courts use different verbiages for the same outcome.

I hope this helps and if you need any help, pm me and I'll send you my number.


References

Dallas County disposition codes

http://www.dallascounty.org/criminalBac ... odes.jsp#2" onclick="window.open(this.href);return false;

Texas Government Code

http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;

This is the case that prompted the change of the law in 2009

http://www.8thcoa.courts.state.tx.us/op ... 37&redir=1" onclick="window.open(this.href);return false;

I know I'm right. It's in black and white.

I want there to be case, so others can benefit from my court case.

It's very shady, no calls, no explanation, no chance for me to prove they are fools.

I smell discrimination and emotional distress.

Unbelievable, I got a revocation notice today. District court, here I come.

I am getting sick and tired of doing other people's jobs for them.

Another update.

So, after many friends peaking their interest of getting their own CHLs, I deiced to take the class to be able to instruct the class on my own free time while making some cash on the side.

I got a date for the class set, no problem. Passed the new 100 question written, no problem. I shot a ~248 on both guns, no problem.

On Friday I get, "your certificate is on hold...."

Wow... To instruct, it's the exact same requirements as to obtain the CHL... Seeing how I have a valid and current CHL logic would only suggest I can instruct....

I sent the pre suit letter today via certified mail. We'll see what happens. Nobody from Austin has bothered to return any of my many phone calls and voice-mails.

I also contacted my local State Representative’s office.

I am getting very sick and tired of this kind of discrimination. Yes, I was charged a crime, so what? It was dismissed..... get over it.

The only thing to come out positive so far from this whole ordeal was being able to drive my blue corvette convertible around Austin with the wonder weather we had last week down there.

Just wanted to update everyone.

I've had my chl for almost six months, everything is going great.

Thanks again

The writ was filed for intentional purposes. I do not think any judge would hear the case in district court until I had exhausted all my legal avenues through the statutes. However, I think it was a combination of the writ, having a lawyer, and using a lot of highlighter on my certified letter I mailed to them worked pretty well. They got all my info on Wednesday, the next day they called me telling me it was being sent to the printer.

I got my license. It's being printed as we speak.

yes, my deferred dismissal clearly says 'set-aside

I filled a suit for a writ of mandamus in district court in Austin. I want my license.

I'll keep everyone updated.

I got denied. They are still following the old laws, I have hired a Lawyer and I'm appealing it. I'll keep the board posted.

They called it Non-Adjudication of Guilt or– Non- conviction: Same as adjudication withheld

I guess I'm the G-pig.

I pled no contest to a class A misd.

I got six months unsup probation.

Six months later, I have an order from a judge which clearly states my case was set aside. In those words.

The lady processing my app said everything looked fine. She said I was eligible since they passed the new law last September.

My file is still in legal review.