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Hi, new to the board, but I been reading around the forum trying to find the answers to my situation the past week.
In 2001, I was Charged with ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, I had Deferred Adjudication and Probation for 5 years. I got out in 2005 because of good behavior. In 2011, I got a lawyer to Seal the case.
Just a few question:
1. Am I Eligible to get CHL?
2. How about purchasing a Firearm?

I tried asking the lawyer that sealed my record, but he couldn't give me the answer.

If you were arrested for a felony (and you were)
No sir, you may not purchase or carry a CCW.

Really???? Convicted of Organized Crime and you aren't sure?
Be sure. You can't.

I don't mean to be disrespectful sir, but it seems pretty clear cut.
People who used to be in prison are not the ones we, as a society, allow to carry guns.

Moby wrote:If you were arrested for a felony (and you were)
No sir, you may not purchase or carry a CCW.

Convicted maybe?

Moby wrote:If you were arrested for a felony (and you were)
No sir, you may not purchase or carry a CCW.

Again, Convicted. Deferred Adjudication indicates that the conviction will be set aside if conditions are met.

Moby wrote: I don't mean to be disrespectful sir, but it seems pretty clear cut.
People who used to be in prison are not the ones we, as a society, allow to carry guns.

Probation is in lieu of going to prison. Being released early from prison is parole.

i8godzilla wrote:

Moby wrote:If you were arrested for a felony (and you were)
No sir, you may not purchase or carry a CCW.

Convicted maybe?

Moby wrote:If you were arrested for a felony (and you were)
No sir, you may not purchase or carry a CCW.

Again, Convicted. Deferred Adjudication indicates that the conviction will be set aside if conditions are met.

Moby wrote: I don't mean to be disrespectful sir, but it seems pretty clear cut.
People who used to be in prison are not the ones we, as a society, allow to carry guns.

Probation is in lieu of going to prison. Being released early from prison is parole.

Reading the line "I got out in 2005" for good behavior lead me to believe he had indeed been incarcerated.
From reading what he posted i would hope he's not eligible.
Those kinds of charges do not indicate a minor scuffle with the law.
Call me judgmental if ya like, but a CHL is a big responsibility, and not a right everyone should have unless they can clearly be shown to be responsible.
If your home address used to be a prison....that's all I need to make my personal opinion.

Moby wrote:If you were arrested for a felony (and you were)
No sir, you may not purchase or carry a CCW.

Really???? Convicted of Organized Crime and you aren't sure?
Be sure. You can't.

I don't mean to be disrespectful sir, but it seems pretty clear cut.
People who used to be in prison are not the ones we, as a society, allow to carry guns.

Please cite the statues that support this position.

Chas.

Kiddio wrote:Hi, new to the board, but I been reading around the forum trying to find the answers to my situation the past week.
In 2001, I was Charged with ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, I had Deferred Adjudication and Probation for 5 years. I got out in 2005 because of good behavior. In 2011, I got a lawyer to Seal the case.
Just a few question:
1. Am I Eligible to get CHL?
2. How about purchasing a Firearm?

I tried asking the lawyer that sealed my record, but he couldn't give me the answer.

If it was a felony, then look at Tex. Gov't Code §411.171(4) and §411.1711

What was the specific Penal Code (or U.S. Code) provision under which you were charged? That can make a difference also.

Chas.

Moby wrote:From reading what he posted i would hope he's not eligible.
Those kinds of charges do not indicate a minor scuffle with the law.
Call me judgmental if ya like, but a CHL is a big responsibility, and not a right everyone should have unless they can clearly be shown to be responsible.
If your home address used to be a prison....that's all I need to make my personal opinion.

The OP didn't ask your opinion, he asked if he was eligible. Your response is precisely what we do not want on TexasCHLforum because it discourages people from asking questions. Stop now.

Charges are not convictions and neither are deferred adjudications. Most people can't afford an attorney, much less a good attorney, so many take plea bargains for deferred adjudication even of they are innocent.

Chas.

Kiddio wrote:Hi, new to the board, but I been reading around the forum trying to find the answers to my situation the past week.
In 2001, I was Charged with ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, I had Deferred Adjudication and Probation for 5 years. I got out in 2005 because of good behavior. In 2011, I got a lawyer to Seal the case.
Just a few question:
1. Am I Eligible to get CHL?
2. How about purchasing a Firearm?

I tried asking the lawyer that sealed my record, but he couldn't give me the answer.

Welcome to the forum. Nobody knows more about this stuff than Mr. Cotton. Hope it all works out for you.

Kiddio wrote:In 2011, I got a lawyer to Seal the case.

IANAL, but I believe once the case is sealed you are completely eligible.

Moby wrote:If you were arrested for a felony (and you were)
No sir, you may not purchase or carry a CCW.

Really???? Convicted of Organized Crime and you aren't sure?
Be sure. You can't.

I don't mean to be disrespectful sir, but it seems pretty clear cut.
People who used to be in prison are not the ones we, as a society, allow to carry guns.

I was never in Prison. That charge I had when I got arrested was a Misdemeanor. But we had 5 people, so with Texas Law, they threw the Felony charged on us. I was put on Deferred Adjudication with 5 Years of Supervision Probation. My Probation Officer released me early in 2005, because I finished all my community services and paid all my fees. In 2011, I got my lawyer to Sealed the Case.

As a side note here, there is one specific charge that I have first hand experience with that can range from a class C misdemeanor to a 3rd degree felony. Just for making a statement that you are going to "whip someones backside".

My son had an altercation with a person that had been harrasing his family for a few weeks. Nothing major, just general stuff. My son crossed paths with this person in a shpping mall parking lot and the guy started smarting off to my son, who by the way is 6'4 and 240 lbs. My son made the above statement (not as nicely put though but thats another story) as an officer walked up behind him. Now this officer only heard his comment and not what was being said. He arreasted him on a felony "terroristic threat" charge. After a couple of thousand dollars paid to an attorney, his charge was dropped to a class C misdomeanor with only a fine. I shudder to think about someone that could not afford an attorney to get the charges reduced.

From the CHL-16:

(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.

Charles L. Cotton wrote:Charges are not convictions and neither are deferred adjudications. Most people can't afford an attorney, much less a good attorney, so many take plea bargains for deferred adjudication even of they are innocent.
Chas.

This happens more often than most people realize.

Kiddio wrote:Hi, new to the board, but I been reading around the forum trying to find the answers to my situation the past week.
In 2001, I was Charged with ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, I had Deferred Adjudication and Probation for 5 years. I got out in 2005 because of good behavior. In 2011, I got a lawyer to Seal the case.
Just a few question:
1. Am I Eligible to get CHL?
2. How about purchasing a Firearm?

I tried asking the lawyer that sealed my record, but he couldn't give me the answer.

Welcome to the forum Kiddio. After reading all of the posts it sounds like you are eligible to get your CHL.

Is it a valid assumption that if you can pass a NICS check on a firearm purchase, then you will pass muster on a CHL background check?