TexasCHLforum.com

USA1 wrote:

baldeagle wrote:the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans).

baldeagle, I'm not so sure I agree with this statement.

Having successfully completed the terms of a felony deferred adjudication myself from way back, it has been my understanding that it does not go onto my record. I understand that it must be disclosed for the purpose of applying for a CHL but other standard background investigations should not reveal this information.

A lot of people believe this, but it's not true. The deferred adjudication will remain on your record unless you take affirmative steps to have it removed. You can file a petition of nondisclosure or file for an expunction (but not for felonies). Expunction is better for you, because you can honestly and legally answer No to both have you ever been convicted and have you ever been arrested. Your record for that charge is erased. With a nondisclosure, the police will know about it but cannot reveal it to the public. If you haven't done that, you should consult a lawyer. It might be worth it for you to pay for a background check to see if your record is revealed that way before paying for a lawyer.

Please note that I am not a lawyer. These are my opinions based upon my reading of the statutes as well as the opinions of lawyers who have written about this on the web.

At the risk of seeming pedantic, a deferred adjudication is a conviction under Texas law unless the adjudicant has successfully completed the terms of the deferred adjudication agreement. If you do not, the judge can adjudicate you guilty and you will have a conviction on your record. Furthermore, the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans). Anyone who has received deferred adjudication and successfully completed its terms should contact a lawyer and engage in the process of expunction. http://www.texasfreshstart.com/" onclick="window.open(this.href);return false;

Beiruty wrote:If TX law, allows a convicted to posses firearms after certain time (Am I correct?) Doesn't Federal prohibits Felons from ever possessing firearms?

Again, I am not a lawyer, so consult a lawyer if you want a valid legal opinion - http://peacesecurity.suite101.com/artic ... ted_felons" onclick="window.open(this.href);return false; - according to this site there is an exemption to the federal prohibition against felons possessing firearms - they must have had their civil rights (the right to vote, the right to serve on a jury and the right to hold public office) restored.

Looks like you can't get a Utah CCW permit at all. http://le.utah.gov/~code/TITLE53/htm/53_05_070400.htm" onclick="window.open(this.href);return false;

(2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:
(i) has been or is convicted of a felony;

I don't see a time-based restoration of the right. Perhaps someone from Utah can comment?

Florida doesn't look promising either - http://www.flsenate.gov/Statutes/index. ... 06#0790.06" onclick="window.open(this.href);return false;

(d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony;

You can fill out this form to see if you qualify - http://app1.licgweb.doacs.state.fl.us/f ... tions.aspx" onclick="window.open(this.href);return false;

Keep in mind, I am not a lawyer. You should consult a lawyer for a legal opinion about the law.

Unless the DA has been expunged or pardoned, you cannot obtain a CHL until ten years after the judgment was entered into the record.

(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.

(14) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony;

If the information you've given here is correct, you would have to wait until 2014 to apply for a Texas CHL.

I have no idea what the laws for Florida or Utah CHLs are, but you can easily google them; florida concealed handgun laws and utah concealed handgun laws

Given your past criminal history, I would think it would be unwise for you to try to skirt around Texas law by obtaining an out of state CHL with the intent to carry here. Were that information become known by the state, it's likely obtaining a Texas CHL would become even more difficult. My recommendation? Obey the law, wait until 2014 and do it the right way. Convictions have consequences.

BTW, you may have already broken the law by possessing the firearms you have. You should consult a lawyer to be certain.

PC §46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.